‘Secret’ tools and traps to keep in mind in settlement negotiationsAs 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.
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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
Playing field in sexual abuse cases must be levelled furtherThe 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.
Published in Web exclusive content
Monday, 29 February 2016 09:00

Quebec’s New Code of Civil Procedure

Quebec’s New Code of Civil ProcedureOn Jan. 1, the Act to establish the New Code of Civil Procedure came into force in Quebec. The NCCP is intended to modernize civil procedure, promote access to justice, and reduce costs and delays.
Published in Issue Archive
Is CHCH newsroom now operated by ‘related employer?’Newsroom staff suddenly let go from their jobs at a Hamilton, Ont., television station may still be able to get severance from their former employer even though it declared bankruptcy.
Published in Latest News
Monday, 07 December 2015 09:00

The use of pseudonyms in civil cases

The use of pseudonyms in civil casesIn 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.
Published in Web exclusive content
Are your limitation or exclusion of liability clauses enforceable in Quebec?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.
Published in Latest News
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
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
Almost two years after a tragic train derailment and explosion hit the small town of Lac-Mégantic, Que., lawyers are set to gather in a Sherbrooke court this month to consider next steps towards a proposed $300-million settlement.
Published in Latest News
Monday, 01 June 2015 08:00

Editorial: A great Canadian

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
Dunkin’ Donuts decision has limited application outside QuebecOn 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.
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