Articles

John A. Olah was called to the bar in 1975 and since then has litigated complex tort litigation matters, ranging from product liability cases to high-profile sporting matters. John is a recognized national and international expert, acting for resorts and hotels across Canada, the Caribbean and Mexico. John’s practice includes private international law cases, complex environmental law litigation as well as class action matters.

David F. Smye, Q.C. was called to the bar in 1972 after accelerating quickly through post-secondary education studying Economics and Political Science and obtaining a degree in Law in only five years. David’s pace remained swift while his legal career made a steep ascent to partner only one year after being called to the bar. David was a founding partner of Mackesy Smye in 1973 where he has continued to practice and lead the firm for nearly 50 years.

Richard Shekter graduated from Osgoode Hall Law School in 1973 as a Bronze Medallist. Following completion of his term of articles with Eddie Greenspan, Michael Moldaver and Alan Gold, he obtained an LL.M. from the University of California at Berkeley, summa cum laude, on a Laidlaw Foundation Scholarship, before being called to the bar in 1976. Richard served one year as law clerk to the Chief Justice of Ontario before entering private practice in 1977.

Todd J. McCarthy was called to the bar in 1989 and since that time he has continually dedicated himself to advocacy, primarily as defence counsel. Todd is an intrepid and passionate advocate. The complete body of his contribution to the development of the common law is impressive in terms of substantive complexity, breadth, volume and scope.

Keith Smockum has practiced exclusively in the area of insurance law since he was called to the bar in 1986. He began his career at Lawson McGrenere LLP, where he became partner, followed by managing partner in 1991. He started his current firm, Smockum Zarnett LLP, in 2008. Over the course of his career, Keith has earned a reputation as one of the best insurance litigators in this province.

Jim Vigmond has been practicing personal injury litigation on behalf of plaintiffs for over 30 years. He is former president of the Ontario Trial Lawyers Association and the Simcoe County Law Association. Jim continues to be a leading figure of Ontario’s personal injury trial bar. At Oatley, Vigmond, Jim leads a team of lawyers and support staff with broad expertise in spinal cord, brain injury and serious orthopedic cases.

Matilda Lici of Aird and Berlis LLP discusses recent decisions from across Canada dealing with the appointment of representative counsel and the various factors that will inform a court’s exercise of discretion.

Spencer Jones of Lerners LLP summarizes a decision where the Ontario Court of Appeal considered the meaning of the term “debt or liability resulting from obtaining property or services by false pretences or fraudulent misrepresentation” and whether false statements made during a discovery in underlying litigation is included within this term.

On September 22, 2022, the first set of amendments from Bill 64 will come into force. Although most amendments will come into force in September 2023, below we highlight significant changes in force this September.

On August 31, 2022, the Ontario Court of Appeal overturned a trial decision in First National Financial GP Corporation v. Golden Dragon Ho 10. Inc., unanimously holding that when a contract is silent on an issue, absent contradicting contractual provisions, a mortgagor must provide additional consideration to amend the agreement to receive a right to prepay and discharge a mortgage.