How to Get the Most out of an Initial Consultation with a Lawyer How to Get the Most out of an Initial Consultation with a Lawyer If you’re contemplating legal action, have been sued, are unsure of your legal standing in a particular situation, or need advice on an issue that has potential legal ramifications,…
How To Prepare an Electronic Civil Motion Record with Exhibits, Bookmarks & Intra-Document Hyperlinks in PDF Format A PDF record with the above characteristics can be assembled via the following steps (without an Acrobat subscription): Depending upon the size of the resulting file (which typically depends to large extent upon whether any attachments are color…
How to Prove The Value of Your Claim – Damages in Ontario Greatly simplified, many legal claims come down to two concepts, liability (responsibility) and damages. Liability is generally focused upon how the event occurred, and whether someone else is legally responsible (for any resulting loss). Examples include who was responsible for causing an accident,…
Is it worth it to hire a lawyer to help with an Ontario Small Claims Matter? Frequently, I am contacted by potential clients who are seeking to hire me to represent them in small claims matters. While I am of course happy to represent them throughout, in most cases, I tell them it makes financial…
Backing out of an Ontario Agreement of Purchase and Sale – What You Should Know: Two recent Superior Court decisions should serve as a reminder that backing out of a signed (and enforceable, which is not always the case) Agreement of Purchase and Sale (APS) for a property can prove costly. In Bang v. Sebastian, 2018…
Suing Your Lawyer Not a Do-It-Yourself Affair In 2006, Ms. Salman was injured in a car accident. Subsequently, she retained lawyer Robert Ipacs to pursue damages against the driver of the vehicle. Mr. Ipacs handled her car accident case through the pre-trial conference, at which time he elicited a settlement offer from the defendant for…
Court of Appeal Affirms Occupier’s Liability In Ontario, the occupier of property is under a statutory duty to: “take reasonable care in the circumstances to make their premises safe. The factors which are relevant to an assessment of what constitutes reasonable care will necessarily be very specific to each fact situation.” Occupiers’ Liability Act, S.3(1),…
Best Examination for Discovery Tips for My Clients Examinations for Discovery (also sometimes referred to as depositions) are arguably the most important step in most lawsuits. It is the one opportunity (in most cases) for the opposing lawyer to question a party and to gauge whether they will present as believable and likable at trial….
Canadian Medical Protective Association (CMPA) Loses in Court In the recent Goodwin v Nadel, 2017 ONSC 1641 (CanLII) case, the Ontario Superior Court struck a doctor’s limitations defence, despite the fact that the claim was not brought for 11 years after treatment. This result is significant, in that it reaffirms that in certain instances of…
Court Cautions Against Improper Objection to the Form of Orders In Continental Casualty Co. v. Symons, 2016 ONSC 4750, Continental Casualty Co. moved to lift a stay of execution and to appoint an investigative receiver. After hearing, that motion was granted, and Justice Morgan thereafter delivered his Endorsement to the parties. Continental Casualty Co. then…
