Service and Filing by Email: Courts Are Being Forced to Adapt

In March 2020, courts across Canada have been forced to confront issues arising from social distancing measures. The Supreme Court of Canada is now allowing documents to be filed by email, with original paper copies to be filed subsequently at a later date. Further information can be found here. Similarly, the Ontario Court of Appeal … Continue reading Service and Filing by Email: Courts Are Being Forced to Adapt

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 Importance of the Principle of Open Court

In the decision, Danso v Bartley, 2018 ONSC 4929, Justice Myers discusses the law regarding publication bans. Publication bans are rarely granted. In Danso v Bartley, Ms. Bartley was claiming that Mr. Danso was the father of her child. In response, Mr. Danso launched a lawsuit. Mr. Danso claimed that he did not have sex with her. … Continue reading The Importance of the Principle of Open Court

Moving for Partial Summary Judgment: Mason v. Perras Mongenais

In Mason v Perras Mongenais, 2018 ONSC 1477, Mason sued two law firms and a lawyer for professional negligence. Mr. Mason hired the lawyer Mr. Chambers to represent him in his divorce proceeding. During the divorce proceeding, Mr. Chambers retained a tax lawyer (Mr. Perras) to advise on tax matters within the divorce proceeding. Mr. … Continue reading Moving for Partial Summary Judgment: Mason v. Perras Mongenais

Time for a Culture Shift: Seepa v Seepa

“Procedural gamesmanship, incessant delay, and discovery without end have brought the civil justice system to the brink of a crisis.” Justice Myers in Letang v. Hertz Canada Limited, 2015 ONSC 72 Delay is endemic in civil cases.  It is a disease. It eats away at our justice system. And there appears to be no end. Especially … Continue reading Time for a Culture Shift: Seepa v Seepa

An Evening Reception with Justice Myers: Summary Judgment Motions & More

Last week I had the honour of chairing “An Evening Reception with Justice Myers” at the Ontario Bar Association. Justice Myers spoke about summary judgment motions and drafting proper motion materials. SUMMARY JUDGMENT MOTIONS Summary judgment motions are a procedure that can dispose of an action without the use of a trial. Justice Myers emphasized … Continue reading An Evening Reception with Justice Myers: Summary Judgment Motions & More

The Rise of the Vexatious Self-Represented Litigant

Not all self-represented litigants are created equally. Some are victims of circumstance. Forced to defend or prosecute their own claims because of poverty. Others are vexatious litigants, unable to find a lawyer to bring their meritless claims to court. Vexatious self-represented litigants tend to behave in similar ways. They bring multiple proceedings when one would … Continue reading The Rise of the Vexatious Self-Represented Litigant

What is Legal Work?

In Bergen & Associates Incorporated v. Sherman, 2014 ONSC 7213, Justice Myers defines legal work in the context of a disputed bill. Bergen & Associates contested their bill from David Sherman under the Solicitors Act. David Sherman claimed that his bill could not be reviewed because the invoices related to his work as a tax consultant … Continue reading What is Legal Work?

Data Creation: Data Visualization

It’s been said that “more data has been created in just the last two years than in the entire previous history of the human race, according to the Scandinavian research group SINTEF. ” With the rise of literacy after the printing revolution and the emergence of the internet-based information society, more and more information is … Continue reading Data Creation: Data Visualization

Patrong v Banks et al., Pleading a Drive by Shooting

In the recent case Patrong v Banks et al., 2015 ONSC 3078 the defendants are calling for an end to the lawsuit before any evidence has been put to the court. Justice Myers writes: Why should a defendant be able to end a lawsuit that is just at its very beginning?  The defendants have not even … Continue reading Patrong v Banks et al., Pleading a Drive by Shooting