Publications
COURT OF APPEAL SAYS “AGENT BEWARE” IN RESIDENTIAL REAL ESTATE TRANSACTION
Richard Macklin — Court of Appeal Says “Agent Beware” in Residential Real estate Transaction. Vendors Were Also Liable. A recent case from the Court of Appeal for Ontario reminds us that we are a [...]
ETHICS AND SETTLEMENT: LET RIGHT PREVAIL
Colin P. Stevenson — ETHICS AND SETTLEMENT: LET RIGHT PREVAIL Litigation in Ontario is an adversarial system of dispute resolution in which voluntary settlement is strongly encouraged. Mandatory mediations and multiple pre-trial conferences are already [...]
CLASS ACTIONS: BABY STEPS TOWARDS NATIONAL COORDINATION
Colin P. Stevenson — CLASS ACTIONS: BABY STEPS TOWARDS NATIONAL COORDINATION CBA created the National Class Action database in 2007 in an attempt to deal with issues arising from multijurisdictional class actions. Initially this was [...]
LANDLORD’S RIGHT TO FORFEITURE OF TENANT’S DEPOSIT LIMITED IN RESIDENTIAL CASES
Richard Macklin — In landlord and tenant law, if the tenant gives a deposit and then walks from the deal, the landlord gets to keep the deposit as forfeited, right? Wrong! As confirmed in [...]
TRIAL TACTICS AND TECHNIQUES
Colin P. Stevenson — OBA Conference April 9, 2010 You can get mixed messages reading too many advocacy manuals and texts1. For example, some will advise you when opening at trial to be thorough and [...]
UNDERSTANDING COST IMPLICATIONS SHOULD YOU LOSE
Colin P. Stevenson — LSUC PRACTICE GEMS: CLASS ACTIONS Unfortunately, you can lose. You can lose preliminary motions; you can lose the certification motion; you can lose the trial, or you can lose the appeal. [...]
DUTY CALLS: THE NEW ROLE OF EXPERTS IN THE ONTARIO CIVIL JUSTICE SYSTEM
Colin P. Stevenson — OBA CONFERENCE The relevant rule changes with respect to experts are in rules 4.1, 31.06(3), 53.03 and to a lesser extent 50.06, 50.07, 50.08 and 50.11. Copies are attached as schedule [...]
MAPLE LEAF CASE STUDY: AN EXAMPLE OF CRISIS MANAGEMENT
Colin P. Stevenson — INTRODUCTION The first part of this paper provides an interested outsider’s perspective on Maple Leaf’s strategy to minimize its business and repetitional damage. The paper will also deal more generally with [...]
REFORMING THE LAW OF CROSS BORDER LITIGATION
Colin P. Stevenson — OBA INTRODUCTION Cross border litigation, in the form of either interprovincial of international litigation is now very common. The Ontario Court of Appeal decision in Precious Metal Capital Corp. v. Smith et [...]