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Published on: 24 Nov 2023 By

What happens if we reconcile?

As a family law lawyer in Ontario, I often find myself at the intersection of personal relationships and the legal framework that governs them. One of the most intriguing and challenging aspects of my practice is dealing with cases involving reconciliation. In this blog post, I will explain what happens when parties in Ontario family...

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Published on: 21 Jan 2019 By ,

Why Failing to Immediately Disclose a Litigation Agreement in Multi-Party Litigation is Dangerous and Costly

Summary Litigation agreements in multi-party litigation are required to be immediately disclosed to the other parties in the litigation (โ€œOther Partiesโ€). A litigation agreement is broadly defined as an agreement that has the effect of changing the adversarial position of the parties set out in their pleadings into a co-operative one.[1] Failure to immediately disclose...

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Published on: 6 Dec 2021 By

Upheld: plaintiffs win common issues trial after 24 years of institutional abuse

In Cavanaugh et al. v. Grenville Christian College et al., 2021 ONCA 755, a unanimous Court of Appeal upheld a decision answering five common issues in the plaintiffsโ€™ favour. This was a resounding win for the class. Class proceedings rarely go to trial. In addition to being a rare common issues trial decision, Cavanaugh offers...

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Published on: 19 Dec 2023 By

Navigating self-representation at court: Understanding legal costs and awards

Starting a lawsuit can be unpleasant, costly, and time-consuming. The legal system is not intended for self-represented parties, but sometimes people have no choice but to represent themselves. Sometimes, self-represented parties lose their case. Sometimes, they prevail. Typically, when a party wins at trial, they receive compensation for damages, and also something called a costs...

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Published on: 28 Sep 2023 By

Notice periods for personal injury claims in Ontario

When you are injured, your immediate focus should be on your health and recovery. However, when you have sustained an injury due to someone elseโ€™s negligence or wrongdoing in Ontario, there is often a requirement to provide notice of your injury to the negligent party within a certain period of time. How much time you...

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Published on: 7 Oct 2021 By

Sue me twice, shame on me: defendants to face multiple class actions after holding out for โ€œleast formidable foeโ€

A decision from the Divisional Court last month confirms that defendants cannot avoid litigating against the best-prepared plaintiff by strategically defending (or not defending) certification motions in different jurisdictions. The decision, Kirsh v Bristol-Myers Squibb, 2021 ONSC 6190, upheld Justice Morganโ€™s refusal to stay an Ontario class action despite the authorization of a nearly identical...

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Published on: 27 Dec 2023 By

Do I need a cohabitation agreement?

Cohabitation agreements have become an essential tool for couples embarking on the journey of shared living. What is a cohabitation agreement? A cohabitation agreement is a legal document that outlines the rights and responsibilities of couples who choose to live together without getting married. While it may not be the most romantic topic, having such...

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Published on: 22 Mar 2019 By

Vehicle โ€˜black boxesโ€™ need tighter rules

Event data recorders (EDRs) that track and improve vehicle safety have become standard in most vehicles. In a recent article by Advocate Daily titled: Vehicle โ€˜black boxesโ€™ need tighter rules, Siskinds lawyer Peter Dillon addresses privacy concerns regarding EDRs that monitor vehicle behaviour without consent. See the full article below. Vehicle โ€˜black boxesโ€™ need tighter...

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Published on: 12 Sep 2023 By

What qualifies as an โ€œaccidentโ€ under the Statutory Accident Benefits Schedule?

Statutory Accident Benefits (SABS) provides financial support to individuals involved in accidents that are covered under a car insurance policy. It is essential to have a clear understanding of what constitutes an accident in order to determine oneโ€™s eligibility for these benefits. What exactly counts as an accident? If someone has hot coffee spilled on...

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Published on: 3 Aug 2023 By

Legal costs in Ontario: How they’re awarded and what it means for litigants

When our clients become involved in litigation, one of the first questions they often ask us is, โ€œCan I claim my legal expenses?โ€ While every claim is different, typically costs follow the event in Ontario. This means that, at the conclusion of trial, the successful party can expect the judge to order the unsuccessful party...

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