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

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 […]

Too Nice For This World

Photo by Francesco Ungaro at Pexels By Murray Gottheil | May 22, 2003 Before you read this story, I should let you know that this is a sad story which does not end well. Long ago I had a great professional relationship and friendship with Laurence.  I liked Laurence a lot.  He was honest and […]

FCA rejects privilege for end product where claimant fails to show how document reveals legal advice

The danger is that CRA can use end products to reverse engineer legal advice By Julius Melnitzer | April 19, 2023 A recent Federal Court of Appeal decision has done little to assuage the uncertainty as to whether and when legal advice “end product” is subject to solicitor-client privilege. In BMO Nesbitt Burns Inc. v. Canada (National […]

BARE BONES BRIEFS: Celebrities abound for BLG’s Guy Pratte’s new podcast | BJ’s Will Osler chairs Calgary Stampede | SCC has opportunity to resolve test for appealing domestic arbitral awards | SCC launches new electronic filing portal | Wildeboer’s 30th anniversary

By Julius Melnitzer | March 30, 2023 BLG’s Pratte launches Art of Persuasion podcast Borden Ladner Gervais LLP’s Guy Pratte, one of Canada’s top litigators will launch The Art of Persuasion, his new podcast, on April 21. The podcast will feature conversations with notable Canadians including former Prime Minister Brian Mulroney, defence counsel Marie Henein, […]

Zoom trials: benefits outweigh hiccups

By Julius Melnitzer | March 28, 2023 Alf Kwinter of Toronto’s Singer Kwinter, a 77-year-old icon of the plaintiff’s personal injury bar who is in his 51st year of practice, has become an advocate of the virtual Zoom trial. “I was very surprised by how well it worked, so much so that the recent move […]

BARE BONES BRIEFS: Family lawyers make these professional misconduct mistakes | Clio offers escape from restrictive legaltech contracts | Wikipedia influences judges’ decisions: MIT study | Former CJO Strathy joins Arbitration Place | Medical device mass torts proliferating

By Julius Melnitzer | January 30, 2023 PROFESSIONAL CONDUCT MISTAKES FAMILY LAWYERS SHOULD AVOID In a Six Minute Family Lawyer Program, Bill Trudell, who defends lawyers before the Law Society of Ontario, outlined five Rules of Professional Conduct “that frequently are not followed and ones that may be of particular relevance to the family law […]

Top 10 business law decisions of 2022, Part II – – – and the law firm players

By Julius Melnitzer | January 19, 2023 This is the second of our annual two-part series ranking the top 10 business law decisions of the just-ended year. The first part featured cases ranked 6-10, while this article highlights the top five cases in ascending order. 5. Peace River Hydro Partners v. Petrowest Corp. (SCC) In […]

OCA upholds $25,000 punitive damages award in commercial case

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 […]

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