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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. […]
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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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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 […]
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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 […]
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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 […]
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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 […]