Retired Judges: When Does Advocacy Begin?

In the Macleans’ article “Talk to my former Supreme Court judge“, the arms race to have a retired Supreme Court of Canada judge bless your position is discussed. Shannon Proudfoot of Maclean’s writes: [I]t emerged that retired Supreme Court judge Frank Iacobucci was acting as legal counsel for the Quebec engineering giant as it sought … Continue reading Retired Judges: When Does Advocacy Begin?

The Neuroscience of Pain and the Potential Use of fMRI in Litigation

In the New Yorker article, “the Neuroscience of Pain: Brain imaging is illuminating the neural patterns behind pain’s infinite variety” the author Nicole Twilley discusses the state of medical imaging in capturing a person’s pain. Pain is neurologically complex. It involves responses generated throughout the brain. Dr. Irene Tracey has been studying the use of fMRI in … Continue reading The Neuroscience of Pain and the Potential Use of fMRI in Litigation

Suing Apple over FaceTime

In December 2014, a young child died in a car accident. The culprit: allegedly a distracted driver. The driver was on FaceTime. The parents of the child are suing Apple for the iPhone’s design. The parents allege that Apple was negligent for not warning users that FaceTime was dangerous “when used or misused in a … Continue reading Suing Apple over FaceTime

Diamond & Diamond: More Questions than Answers

Last week Diamond & Diamond was unmasked by the Toronto Star Reporter, Michele Henry. She unveiled lewd text messages between lawyer Jeremy Diamond and a staff member and revealed that the firm operated mostly as a referral service. Meaning that the firm advertised to the public and then referred the cases to other law firms … Continue reading Diamond & Diamond: More Questions than Answers

Canada’s Most Important Challenge to Healthcare

“There was no difference between men, in intelligence or race, so profound as the difference between the sick and the well.” – The Great Gatsby  What is the best way to run our health care system? Is it privatized? Hybrid? Or, Public? Right now, in British Columbia Dr. Brian Day is challenging the very way … Continue reading Canada’s Most Important Challenge to Healthcare

Reconstructing the Past: Preparing for Trial

Trials are all about reconstructing the past, mainly through oral testimony. This oral testimony often derives from memory. However, memory is a fickle, self-serving beast. And it must be measured against objective evidence. As lawyers, it is our job to test our client’s words against anything objective. We can Google the terrain, visit the site, … Continue reading Reconstructing the Past: Preparing for Trial

Judge Richard Posner: Let Fairness Prevail

A man walks into your law office. He asks: “what are my chances in winning this lawsuit?” The answer? Ask yourself, “how would a wise, moral man, with no legal training, decide this case?” In Divergent Paths: The Academy and the Judiciary, famous American Judge Richard Posner explains that “most judges evaluate cases in a holistic, … Continue reading Judge Richard Posner: Let Fairness Prevail

Uber X Driver: Who is Liable in a Devastating Car Crash?

Image courtesy via: Toronto24hoursnews On Sunday morning around 3 am, there was a car accident in the financial district in Toronto. Police were pursuing a suspect in a car chase. The car flew across Wellington Street allegedly over 100 km/hour and collided with an Uber X vehicle carrying several passengers. The damage was noticeable and serious. … Continue reading Uber X Driver: Who is Liable in a Devastating Car Crash?

Civil Cases: What motivates them?

“This is a civil case.  It is about money.  Every step of the way is bounded by cost-benefit analysis and proportionality.” Justice Myers in Whitty v Wells, 2016 ONSC 1278 Ideally every step taken is bounded by a cost-benefit analysis. However, sometimes other factors take precedent, including: Loss aversion. Loss aversion refers to the tendency to … Continue reading Civil Cases: What motivates them?

“No Comment”

In a time where everyone is famous for fifteen minutes and TMZ is king, what should the rules be on publicly commenting on a case before the court? Under the sub judice rule, publicly commenting on a case becomes a problem when it is meant to interfere with a court proceeding. Applying the rule was easier when publishing was concentrated … Continue reading “No Comment”