Publications
DAMAGES AND OTHER MONETARY AWARDS IN CLASS PROCEEDINGS
Colin P. Stevenson — LSUC Conference March 27, 2012 on The Law of Damages INTRODUCTION Although theories of liability such as the government’s negligence, a bank’s breach of contract or an insurance company’s bad faith [...]
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 [...]
HOW TO MINIMIZE LIABILITY EXPOSURE TO CLASS ACTION LAWSUITS OR THIRD PARTY CLAIMS
Colin P. Stevenson — BILD Conference — WHAT BUILDERS SHOULD KNOW IN A CHALLENGING REAL ESTATE MARKET 1. REAL ESTATE CLASS ACTIONS ARE MORE COMMON THAN YOU THINK Examples: a. Ward-Price v. Mariner’s Haven Inc. [...]