Rewriting Discovery: Ontario’s Proposed Shift to an Up-Front Evidence Model
In 1985, Ontario undertook a major codification of its civil justice system—transforming scattered procedural...
No Soup for You: When Surveillance Destroys Subjective Injury Claims
It was a textbook example of how credibility can implode in an instant. Back when I was still in active practice, I...
Executor Insurance and No-Contest Clauses: Navigating the Duty to Defend Amid Beneficiary Objections
Understanding Executor Liability Insurance Executor liability insurance is designed to protect estate trustees from...
IN THE DITCH: Turning Mediation Breakdowns Into Breakthroughs
In every mediator’s career, there are many moments when negotiations stall. I call that moment: “IN THE DITCH”....
Soft Tissue, Hard Truths: Credibility, Chronic Pain, and the Threshold Battleground in Ontario Courts
Introduction: Between Skepticism and Suffering Ontario’s civil justice system is facing unprecedented delays, and...
Mediating in CAT Limbo: Strategic Considerations in Ontario Tort Claims Involving Statutory Third Parties and Underinsured Motorist Coverage
Introduction In Ontario motor vehicle litigation, mediation has become an indispensable tool for resolving complex...
No-Contest Clauses After Mawhinney v. Scobie: Is Filing a Notice of Objection Enough to Trigger Forfeiture in Ontario?
Introduction No-contest clauses, or “in terrorem” clauses, are provisions in wills that threaten a beneficiary with...
April 2025 Seismic Proposed Changes in Ontario’s Civil Rules Review Phase 2 Consultation Paper
This month, the Ministry of the Attorney General has put forward several major changes in the Civil Rules Review Phase...
The Benefits of ODR Coordinator-Assisted Mediation
Mediation is a highly effective method for resolving disputes, offering parties the opportunity to collaboratively...