Tackling e-mail protocol in the litigation contextTackling e-mail protocol in the litigation context‘ Should’ve, could’ve, would’ve” are among the last words lawyers want to hear from their clients while in the midst of litigation.
Published in Issue Archive
Thursday, 08 September 2016 22:00

Minimizing risk in an investigation of wrongdoing

Minimizing risk in an investigation of wrongdoingAt a conference on white-collar crime in New York this spring, the deputy attorney general of the United States tried to clarify the intent behind a directive that was widely known by her last name, instead of its actual title, the Individual Accountability Policy.
Published in Issue Archive
Monday, 05 September 2016 09:00

Mining judgments for winners and losers

Look out litigators, Premonition is coming to town, and with it a level of transparency not normally seen in the legal business.
Published in Commentary
How juniors can get more advocacy opportunities“The vanishing trial” is the catchphrase used to describe the reality of civil litigation: Trials and other advocacy opportunities are fewer and farther between. Lawyers, especially junior lawyers, do not get the same advocacy opportunities that once were commonplace. Even worse is that when those opportunities do come along, clients often want the senior, experienced counsel to argue. What is a junior lawyer to do? Refusing to accept the fate of lawyers of my vintage, I have uncovered ways in which the junior lawyer can get on her feet. Here are my top seven tips: 
Published in Web exclusive content
The state of litigation privilege after BlankTen years ago, the Supreme Court of Canada rendered its decision in Blank v. Canada, thereby putting an end to considerable debate among Canadian jurists regarding the scope of the litigation privilege. In that decision, the Court underlined the distinct nature of this common law privilege, which had often been wrongly confused with solicitor-client privilege.
Published in Issue Archive
How I learned to stop worrying and love my first client — pt. 2“The handshake

 Seals the contract

 From the contract

 There’s no turning back”
Published in Web exclusive content
Strong, confident, competitive - Part 2This article is a continuation of 'Strong, confident, competitive' from the May 2016 issue of Canadian Lawyer magazine.

Click here to read part 1.
Published in Boutique Firm Rankings
Monday, 11 January 2016 09:00

Bearing bad news

Bearing bad newsWe all lose sometimes. My first big loss was after a full trial where we had a very strong case, both on the facts and the law.
Published in Web exclusive content
Monday, 04 January 2016 09:00

Hryniak two years on

Illustration: Huan Tran
Illustration: Huan Tran
Since she began practising with Osler Hoskin & Harcourt LLP in Calgary a decade ago, Kelly Osaka has been a front-line witness to the access-to-justice crunch in Canada’s courts. As Alberta’s population exploded, so, too, did the demands on court time and judicial resources. Litigation files, meanwhile, became bigger than ever, fuelled by electronic document discovery and other practices that built delays into the system. Osaka’s commercial clients, who could presumably afford the cost of a lengthy trial, began balking at the prospect and asking for alternatives.
Published in Features
Tuesday, 29 December 2015 09:00

New grounds for litigating

New grounds for litigatingDefence lawyers are grappling with how to wrap their minds around the implications of a recent ruling that could mean costly and drawn-out litigation for companies faced with environmental damage lawsuits brought by aboriginal communities.
Published in Issue Archive
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