Credibility and Fault: Where Truth Meets Liability
Credibility runs through everything I do as a mediator. It runs through every brief I read, every opening I hear, and...
He’s Alive! Riddle Resolved by the Supreme Court of Canada
When I wrote my recent Substack “Riddle Me This: Life, Death and the Burden of Proof”[1], the central tension remained...
Dividing the Pie: Apportionment, Joint and Several Liability, and Strategic Blame
The Illusion of PrecisionCivil litigation likes to present itself as a system of precision. Judges assign percentages....
BLOG SERIES: Special Considerations in…Aviation Liability
News of a recent ground collision involving Air Canada at a New York airport where an aircraft struck an airport fire...
Captured Audience, The Sequel: The Emerging Case for Social Media Liability
In my earlier piece, “Captured Audience: The Emerging Case for Social Media Liability”[1], I suggested that while the...
Captured Audience: The Emerging Case for Social Media Liability
I recently came across a Reuters[1] article titled “Meta must face youth addiction lawsuit by Massachusetts, court...
Riddle Me This: Life, Death and the Burden of Proof
UPDATE (April 24, 2026)The Supreme Court of Canada has now released its decision in Riddle v. Ivari, dismissing the...
Brokers’ Liability in Ontario: A Roadmap in an Era of Optionality
(UPDATED from my blog originally published on Substack October 14, 2025)Ontario is shifting toward a more...
Lawyer’s Negligence 101: Proving a Lawyer Fell Below the Standard of Care
A Personal Starting Point: Being Sued as a LawyerOver the course of a long career in personal injury litigation, I...
Let’s Get Ready to Rumble: When Employment Law Meets Insurance
The Overlooked BattlegroundEmployment disputes are rarely just about employment law anymore. Beneath almost every...
REVIEW: Chapter 11: The Persuasive Value of Documentary Evidence in an Ever Evolving Digital Time
The Document as the Spine of PersuasionChapter 11 of Litigation and Administrative Advocacy: The Art and Science of...
The Future of Mediation: Staying Relevant in a Changing Landscape
The Conversation We’re All Starting to HearIt’s becoming harder to ignore.Everywhere I turn, there is talk about...
Chew On This: Ontario’s Double Deductible Dilemma
Where This Issue Actually SurfacesIn my practice as a mediator, this issue rarely appears at the outset of a case. It...
The Neutrality Trap: Why Mediators Should Never Advocate
There is a moment that experienced mediators recognize immediately.It happens early, sometimes very early. You leave...
Mediation in Estate Disputes: Why They Settle Differently
A View from the MiddleAfter years of mediating personal injury, insurance, and commercial disputes, estate files stand...
Biomechanics Demystified: The Role of Crash Physics in Personal Injury Litigation
The Opening Ritual at MediationAnyone who mediates motor vehicle cases in Ontario will recognize the pattern almost...
System Under Pressure: The Case for a More Proportionate Litigation System
I read an recent article[1] reporting on a case where the judge came down hard on defence counsel who had stepped up...
BLOG SERIES: Special Considerations in…Bicycle Accidents
The Changing Landscape of Urban CyclingI have recently mediated cases involving bicycles and cars. I’ll say this. When...
Target Practice: Motions to Strike in Ontario Civil Litigation
IntroductionFew procedural tools in Ontario civil litigation are as powerful, or as frequently misunderstood, as the...
When the Robot Is Listening: AI and the Ethics of Recording Legal Conversations
Not long ago, I received a call from a young lawyer about a file. Before the conversation even began, a recorded...