Articles 2021

This article discusses striking pleadings based on non-disclosure, focusing on the 2018 case Mullin v. Sherlock. This decision, at the time of writing, was infrequently cited on CanLii and Westlaw, which surprised the author, who found that the case provided a general framework for this type of motion, including the court’s direction that a motions judge should be specific on what is being struck, and it provides useful precedents.

This is an article about capacity issues and how the practice of family law may be impacted, including the capacity to marry (and reconcile), the capacity to make legal decisions and instruct counsel, and how the issue of capacity may be manipulated by parties seeking to use it as a sword or shield.

Some practical steps for law leaders engaged in management of workplace diversity.

A Court of Appeal decision has clarified the mens rea of the offence of failing to report a material change in connection with benefit entitlement under the Workplace Safety and Insurance Act, 1997.

A recent decision of the Divisional Court affirmed that justice must not only be done at administrative agencies, but must also be seen to be done.

In Presley v Van Dusen, the Court of Appeal yet again dealt with discoverability. In McDowell v. Fortress Real Capital Inc., the Court of Appeal overturned in part a motion judge’s decision to strike out the claims of a proposed class proceeding for various allegations of misconduct. Other topics covered this week included contractual interpretation, conflict of laws and costs in the family law context.

For most lawyers, the result in court is what matters: Did you get the order you were seeking? How much of your argument did the judge adopt in her reasons? But for the client, it’s not the judgment itself that is significant, but the opposing side’s compliance with it. This article provides a roadmap for enforcement, to help you turn your courtroom victory into the desired result for your client.

Law Society of Ontario (LSO) Bencher elections are coming up soon. In our busy world juggling the early years of practice with family life, staying healthy and going to the OBA’s many interesting events, it is hard to engage with everything. Here are some reasons why you should engage with this year’s elections.

You got into law school, obtained your J.D., passed the Barrister and Solicitor exams, completed your practical experience requirement, and have been called to the Bar. Congratulations! What else can you do with your law degree other than practice law? Read on for an exploration of potential paths available to young lawyers looking for a new direction.