Litigation, ADR & Class Actions

All aspects of class action law and practice, as well as jurisprudence and legislation related to dispute resolution, whether it be litigation, arbitration, or mediation in both the domestic and international context, as well as issues surrounding access to justice and the awarding of costs

Amendments to Ontario’s Rules of Civil Procedure aimed at improving trial readiness

Courts no longer amenable to parties coming to pre-trials without their experts’ reports ready This article was produced in partnership with Bogoroch & Associates By Julius Melnitzer | November 28, 2023 Amendments to Ontario’s Rules of Civil Procedure enacted in March 2022 have served to establish firm boundaries around the delivery of expert reports and […]

Case selection difficult ‘particularly with respect to role of causation in establishing liability’

Practical realities of value versus cost important factor: Bogoroch & Associates’ Toby Samson This article was produced in partnership with Bogoroch & Associates By Julius Melnitzer | November 27, 2023 Deciding whether to take on a medical malpractice case can be a conundrum – and a great deal of work – even for experienced lawyers. At […]

BARE BONES BRIEFS: LSO alleges misconduct against “most positively reviewed” lawyer | Judge cites lawyers’ conduct in concluding international arbitration susceptible to fraud | Associates seek to refuse work for ethical reasons | $817 million settlement in veterans’ disability class action | Litigation funder’s losses up fivefold

By Julius Melnitzer | November 20, 2023 LSO alleges misconduct against high-profile employment lawyer Lior Samfiru, the Toronto-based national co-managing partner of employment law boutique Samfiru Tumarkin LLP, a firm that claims to be the “most positively reviewed employment law firm in Canada”, is facing professional misconduct allegations stemming from litigation that he threatened or […]

BARE BONES BRIEFS: McMillan LLP “supplier” to defunct Traynor Ridge Capital, where $100 million missing | “Judicial bully” sanctioned | OHSA penalties tops in Canada | Profit malaise, hiring cuts at Big Law |”A terrific book”: Harrison & Swan’s “Skillful Witness Examination”

By Julius Melnitzer | November 12, 2023 MCMILLAN LLP “SUPPLIER” TO DEFUNCT HEDGE FUND According to David Olive of the Toronto Star, McMillan LLP, along with CIBC World Markets and KPMG, were among the “suppliers” of services to defunct hedge fund Traynor Ridge Capitol. On October 28, 30-year-old Christopher Callahan, the firm’s sole owner, trader […]

BARE BONES BRIEFS: Anti-Israel stance costs law students their jobs | Pornhub sues for TM infringement | Counsel suspended for naming sexual assault complainants | Not Mother’s Day: son sues mother’s law firm for “cold and callous” conduct | Fake lawyer wins 26 consecutive cases |

By Julius Melnitzer | October 19, 2023 DAVIS POLK RESCINDS JOB OFFERS TO PRO-HAMAS HARVARD STUDENTS Davis Polk & Wardwell LLP, a top UK law firm that employs about 1,000 lawyers, has withdrawn job offers to three Harvard and Columbia students who signed statements blaming Israel for the Hamas attacks and expressing support for Palestinians. […]

BARE BONES BRIEFS: Lawyer earning $126,000 gets $1.8 million in wrongful dismissal damages | Litigation funder scores $4.5 billion in proceeds from judgment | LST sanctions counsel for uncivil conduct | NBKB imposes 3-year prison term for workplace fatality | IBA outlines challenges for profession

By Julius Melnitzer | October 15, 2023 FIRED IN-HOUSE COUNSEL AT BANK AWARDED $1.8 MILLION A UK employment tribunal has ordered digital bank Starling to pay $1.8 million in damages to Guinaz Raja, whom the bank had employed as a solicitor in its legal department at a salary of $126,000. The employer terminated Raja, an […]

Despite Ontario Superior Court of Justice guidelines, virtual proceedings the rule not the exception

From an advocacy stance, ‘it’s a case-by-case assessment’ says Bogoroch’s Linda Wolanski This article was produced by Canadian Lawyer in partnership with Bogoroch & Associates LLP By Julius Melnitzer | September 28, 2023 On April 19, 2022, Ontario Superior Court of Justice guidelines mandating “presumptive methods of attendance” for all manner of proceedings came into effect. […]

BARE BONES BRIEFS: Gowling director disbarred for sexual misconduct | BC lawyer fined for locker room gossip | Do employment lawyers need to report general damages to CRA? | “Unfounded attacks” on lawyer merit substantial indemnity costs against client: Div. Ct. | Alberta cabinet minister joins BLG

By Julius Melnitzer | September 26, 2023 EX-GOWLING DIRECTOR DISBARRED FOR FANTASY RELATIONSHIP WITH JUNIOR EMPLOYEE The UK’s Solicitors Disciplinary Tribunal has struck Oliver Bretherton, a former senior solicitor at Gowling WLG, off the roll for his part in a sexual fantasy relationship with an 18-year-old female colleague. The 70 allegations proved against the married […]

BARE BONES BRIEFS: Cyberattack costs law firm $11 million | OCA: testamentary revocations ineffective against RRIF and RFSA beneficiaries | Companies ignoring law requiring disclosure of Indigenous payments | Dubai’s DEC’s first case | Dellelce gets third honourary doctorate

By Julius Melnitzer | September 18, 2023 CYBERATTACK HITS CONVEYANCING GIANT Simplify, the UK’s largest independent conveyancing and property services group, which embraces six of the largest conveyancing law firms in the UK and handles 250,000 transactions annually, suffered almost $12 million in losses from a cyberattack in 2021 that created a major IT systems […]

It’s time to re-think how to use the ‘but-for’ test

Richard Halpern of Gluckstein Lawyers discusses the proper use of the counterfactual question This article was produced in partnership with Gluckstein Lawyers By Julius Melnitzer | August 23, 2023 A veteran member of the plaintiff’s medical negligence bar says it’s time for change in how we think about causation in tort, by clarifying the traditional […]

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