Gary Boyd says circumstances can’t change the plain meaning of a contract By Julius Melnitzer | October 31, 2022 In siding with two law firms’ interpretation of a retainer agreement, the Ontario Court of Appeal has confirmed lawyers’ duty to communicate the agreement’s terms to their clients clearly. “If there is any ambiguity in a […]
Wayne Cunningham says Rubara goes beyond existing scientific consensus By Julius Melnitzer | October 28, 2022 The Ontario Court of Appeal has overturned a six-year-old aggravated sexual assault conviction of a man who did not disclose his HIV-positive status to a sexual partner of three months’ standing. The decision in R. v. Rubara expands on the court’s […]
Gavin MacKenzie says a penalty for ungovernability other than revocation is hard to justify By Julius Melnitzer | October 24, 2022 In a rare finding, the Law Society Tribunal has revoked the license of Hamilton lawyer Gerald Culliton on the ground that he was “ungovernable.” “Often, ungovernable lawyers are found guilty of other serious professional […]
Alf Kwinter says it’s unusual to see damages awarded in commercial cases. By Julius Melnitzer | October 22,2022 In a judgment that augurs well for the award of punitive damages in commercial cases, the Ontario Court of Appeal has upheld a $25,000 award in a case involving a landlord’s illegal conversion of abandoned chattels subject […]
Andrew Rudder dug deep to change the law on catastrophic impairment By Julius Melnitzer | October 14, 2022 Andrew Rudder’s battle is a story about what fighting for your client really means. It’s tempting to say that Rudder of Rudder Law Professional Corporation, a personal injury boutique in Burlington, Ontario, is the story’s focal point. […]
Ian Collins is satisfied with the result for his client but remains unhappy with the decision By Julius Melnitzer | October 13, 2022 The Ontario Court of Appeal has ruled that s. 89 of the Indian Act prohibits court-appointed receivers from seizing an Indigenous person’s on-reserve businesses and assets. The ruling overturns Superior Court Justice Stanley Kershman’s […]
Hugh Meighen says the common law sufficiently regulates litigation funding By Julius Melnitzer | October 7, 2022 As the European Union plans a clampdown on litigation funding, funders operating in Canada and lawyers familiar with their workings say regulatory intervention is not required here. “Regulation exists as a de facto matter by way of well-developed common […]
Bill Trudell says the profession believes in second chances By Julius Melnitzer | October 5, 2022 Ontario’s Law Society Tribunal has refused a paralegal license to an ex-police officer who masterminded a $3.1 million armoured vehicle heist in 1998. “Any applicant with problems in their past, including a criminal record, needs to have as clean […]
Decision dispels controversy about whether Gladue principles apply to trial process By Julius Melnitzer | September 30, 2022 The Ontario Court of Appeal has ruled that trial judges may consider an accused’s Indigeneity in determining whether their criminal records are admissible in cross-examination. “This is an important and helpful legal precedent on an issue that […]
Gavin MacKenzie says interim orders in disciplinary proceedings are meant to protect the public By Julius Melnitzer | September 28, 2022 A Law Society of Ontario tribunal has allowed a lawyer accused of having clients send firm funds to his personal account to continue practising in-house for a family corporation until his case is decided […]