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Oct 31, 2025

Buying Time:  Extending, Substituting, and Validating Service in Ontario

Buying Time: Extending, Substituting, and Validating Service in Ontario

Few things make people more evasive than being sued. I’ve seen defendants ignore door knocks, move without leaving a...

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Oct 25, 2025

Proving the Negative:  Uninsured, Underinsured & Unidentified Motorist Coverage

Proving the Negative: Uninsured, Underinsured & Unidentified Motorist Coverage

Part I — Uninsured Motorist Coverage This first instalment in my blog series “Proving the Negative: Uninsured,...

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Oct 21, 2025

Life Interrupted:  Understanding Family Law Act Damages in Ontario

Life Interrupted: Understanding Family Law Act Damages in Ontario

This piece is a complement to my blog from last summer “Breaking the Ceiling? The High-Water Mark for Pain and...

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Oct 20, 2025

Review: Always Be Closing:  “The Closing Address: The Opening Chapter in Trial Preparation”

Review: Always Be Closing: “The Closing Address: The Opening Chapter in Trial Preparation”

There is a quiet irony at the heart of litigation that surfaces immediately in Chapter 5 of Litigation and...

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Oct 19, 2025

When Liability is a Moving Target:  Mediating Multi-Party Slip-and-Fall Claims

When Liability is a Moving Target: Mediating Multi-Party Slip-and-Fall Claims

This blog syncs with one I wrote last summer, ‘The Winter Maintenance Puzzle: Recent Decisions on Municipal and...

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Oct 18, 2025

Sidewalk Roulette:  The Legal Fallout of E-Scooter Use

Sidewalk Roulette: The Legal Fallout of E-Scooter Use

While walking my dog Marty this morning, I stepped off the sidewalk in front of my condo and nearly got taken out by a...

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Oct 17, 2025

Entering the Portal: Ontario’s Digital Court Transformation Begins

Entering the Portal: Ontario’s Digital Court Transformation Begins

Ontario reached a milestone on October 14, 2025 with the Toronto-region launch of the Ontario Courts Public Portal...

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Oct 16, 2025

Cat and Mouse: Surveillance, Surprise, and the Ethics of Withholding Evidence

Cat and Mouse: Surveillance, Surprise, and the Ethics of Withholding Evidence

Last summer, I wrote a piece titled “No Soup for You: When Surveillance Destroys Subjective Injury Claims”[1], sparked...

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Oct 15, 2025

Brokers’ Liability in Ontario:  A Roadmap in an Era of Optionality

Brokers’ Liability in Ontario: A Roadmap in an Era of Optionality

Ontario is shifting toward a more choice-driven accident-benefits landscape. With greater optionality comes a higher...

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Oct 14, 2025

Threshold Reports in Ontario Motor-Vehicle Litigation:  What They Are, Why They Matter, and How to Do Them Right

Threshold Reports in Ontario Motor-Vehicle Litigation: What They Are, Why They Matter, and How to Do Them Right

What the “Threshold” Actually Is Ontario’s tort system bars non-pecuniary damages (and FLA non-pecuniary claims)...

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Oct 12, 2025

Taking the Hint:  What the New Rules Could Learn from Mediation Culture

Taking the Hint: What the New Rules Could Learn from Mediation Culture

Why This Piece, and Why Now Ontario is entering a consequential phase of civil-justice reform, and the usual...

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Oct 11, 2025

Review: Incorporating Insights from Experimental Psychology and Behavioural Economics into ADR Practices: A Mediator’s Take

Review: Incorporating Insights from Experimental Psychology and Behavioural Economics into ADR Practices: A Mediator’s Take

Introduction: From Lincoln to Kahneman Chapter 4 of Justice Todd Archibald’s book Litigation and Administrative...

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Oct 11, 2025

Loss of Income Reports in Ontario:  An Objective Playbook for Counsel

Loss of Income Reports in Ontario: An Objective Playbook for Counsel

Why These Reports Matter Courts and juries need a trustworthy bridge between messy earnings histories and compensable...

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Oct 10, 2025

Housekeeping Claims in Ontario:  Tort, SABS, and What Changes on July 1, 2026

Housekeeping Claims in Ontario: Tort, SABS, and What Changes on July 1, 2026

What “Housekeeping” Actually Means Housekeeping and home-maintenance losses cover the practical ability to clean,...

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Oct 9, 2025

55% Whole Person Impairment:  Proving CAT at the LAT

55% Whole Person Impairment: Proving CAT at the LAT

Introduction This post closes the loop on the trilogy of LAT battlegrounds I discussed earlier this summer in my blog...

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Oct 8, 2025

A Best Interests Playbook:  Obtaining Court Approval for Minors & Persons Under Disability

A Best Interests Playbook: Obtaining Court Approval for Minors & Persons Under Disability

In practice, I represented many minors or people under disability. All required motions for Court approval for...

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Oct 7, 2025

Review: Impeachment in an Era of “Fake News”:  A Principled Approach

Review: Impeachment in an Era of “Fake News”: A Principled Approach

Introduction I was compelled this week to skip ahead to review Chapter 10 of Justice Todd Archibald’s book Litigation...

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Oct 6, 2025

Word on the Street, The Sequel:  Main Street’s Take on Ontario’s Civil Justice Overhaul

Word on the Street, The Sequel: Main Street’s Take on Ontario’s Civil Justice Overhaul

This blog is a complement and update on the Substack I wrote earlier this summer “Word on the Street: Bay Street’s...

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Oct 5, 2025

Not for Collateral Use:  Insurers’ Duty of Confidentiality in AB and Tort

Not for Collateral Use: Insurers’ Duty of Confidentiality in AB and Tort

In practice, clients routinely balked when I slid across broad record authorizations, for records such as tax returns,...

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Oct 4, 2025

The 2026 SABS Pivot:  What Ontario’s “No-Fault” Overhaul Means for Personal Injury Practice

The 2026 SABS Pivot: What Ontario’s “No-Fault” Overhaul Means for Personal Injury Practice

Much has been made about the fact that the Rules of Civil Procedure[1] are about to be amended to overhaul the tort...

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