
Judges as gatekeepers of expert evidence
By Julius Melnitzer | January 29, 2024 This article was produced in partnership with Bogoroch & Associates LLP The approach of Canadian courts to expert evidence has undergone a sea change since the 2015 decision in White Burgess Langille Inman v. Abbott and Haliburton Co., where the Supreme Court of Canada affirmed that an expert’s awareness of […]

Top 10 business decisions of 2023, Part II – and the Law Firm Players
By Julius Melnitzer | January 23, 2024 What follows is Part II of Law360 Canada’s annual list of the country’s Top 10 business decisions ranking cases 1-5 in ascending order. Part I, which ranked cases 6-10, was published earlier. 5. Markowich v. Lundin Mining Corporation; Peters v. SNC-Lavalin Group Inc. (ONCA) These sister cases represent the Ontario Court of […]

Top 10 business decisions of 2023, Part I – and the law firm players
By Julius Melnitzer | January 15, 2024 What follows is Law360 Canada’s annual list of the Top 10 business decisions in Canada for the just-ended year. This is a two-part series, which begins below with numbers 6-10, in ascending order. 10. Benjamin Moore & Co v. Canada (Attorney General) In this case, the first time […]

Jury providing particulars of findings in med mal cases remains controversial
Mahsa Dabirian This article was created in partnership with Bogoroch & Associates By Julius Melnitzer | December 30, 2023 For some time now, it has been standard practice for judges to instruct Ontario juries to provide particulars or an explanation of their findings on standard of care and causation in medical malpractice and other professional negligence […]

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: 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 […]