Monday, 27 February 2017 09:00
As a civil litigator now practising as a settlement counsel and mediator in Ontario, I discovered certain legal tools that are useful for promoting early dispute resolution. However, ignorance of these provisions may prove hazardous and turn the tools into traps. As these provisions are not well known, I think of them as “secret.” I am revealing just three to you, but there are many others.
Monday, 29 August 2016 09:00
“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:
Monday, 02 May 2016 09:00
The cover story of this month’s Canadian Lawyer magazine underscores how little has really changed in the criminal justice system in terms of prevailing attitudes against women.
Monday, 29 February 2016 09:00
Published in Issue Archive
Monday, 21 December 2015 09:00
Monday, 07 December 2015 09:00
In my plaintiff-side practice, I help survivors of sexual violence obtain financial compensation for the harms they have suffered as the result of sexual assault and sexual abuse. When speaking with potential clients, one of the most common questions I am asked is whether they will have to use their real name if they sue their abuser or an institution that may be vicariously liable for the abuser’s actions.
Monday, 31 August 2015 08:00
Most lawyers are used to encountering terms such as “special, indirect, consequential, or incidental damages,” and “multiple, punitive, or exemplary damages” in limitation or exclusion of liability provisions. However, when negotiating such provisions in Quebec, you should know these common terms do not have the same meaning and effect under Quebec law.
Monday, 08 June 2015 10:26
|Lawyers will gather in Sherbrooke this month to consider next steps towards a proposed $300-million settlement in the Lac-Mégantic disaster. File photo: Mathieu Belanger/Reuters|
Monday, 01 June 2015 08:00
Last month Canada lost one of its most important and influential voices when Alan Borovoy died of heart failure at the age of 83.
Published in Commentary
Monday, 04 May 2015 08:00
On April 15, 2015, the Quebec Court of Appeal released its highly anticipated decision in Bertico Inc. v. Dunkin’ Brands Canada Ltd., a group action brought against Dunkin’ Donuts by 21 of its franchisees in Quebec.