Physician Liability 101: The Negligence Standard in Canadian Medical Malpractice
Introduction In practice, I rarely tackled medical malpractice cases. I usually referred them out to specialists....
Dog Owners’ Liability in Ontario: Strict Where It Counts, Nuanced Where It Matters
Ontario law does not mince words about responsibility for dog bites and attacks. The Dog Owners’ Liability Act, R.S.O....
When You Sue a Professional, Bring an Expert—or Don’t Bother
I recently had the pleasure of watching a very skilled young defence lawyer deliver a closing in defence of a...
Review: Impactful Trial Opening Statements in the Courtroom: Seize the Moment!
If you are an advocate that is still treating an opening as a bland “you will hear” script, you’re burning daylight....
Criterion 8 CAT: Mental-Behavioural Catastrophic Impairment in Ontario
Introduction This piece is a complement to one I wrote earlier this month, “A Primer in CAT Threshold: Where Case Law...
“Wholesale Reform, Not Tinkering”: Chief Justice Morawetz on Ontario’s Civil Rules Overhaul
Ontario’s Opening of the Courts today brought clarity—and urgency—on where civil-rules reform stands. Chief Justice...
Proving No Negligence: The Reverse Onus in Pedestrian Knock-Downs
Most of my posts grow out of files I’ve worked or rooms I’ve mediated in, and this one is no different. This one came...
House of Cards: What it Takes to Prove Fraud in a Civil Case
I recently mediated a property-damage dispute over a total loss to a high-end luxury vehicle. The insurer’s position?...
The End of the Duel: Joint Experts in Ontario’s Overhaul
This blog is a complement to one I wrote earlier this his summer about Ontario’s expert problem, “The Credibility...
Assault Cases in Personal Injury: Hard Truths on Liability, Insurance, and Recovery
I handled my share of barroom brawl cases back in practice, including one that still sticks with me, involving an...
Driven to Distraction: Evidence, Apportionment & Settlement in Ontario Crashes
I read an alarming article[1] recently reporting that 85% of Canadian commercial drivers experienced a near-miss due...
Text over Intent: Termination Clauses After Bertsch and De Castro
Why These Two Cases Matter Two fresh Court of Appeal decisions draw a hard boundary for Ontario termination clauses in...
Review: Cognitive Psychology in the Courtroom: An Advocate’s Take
Preface: I’m No Psychologist I’m not a psychologist. I’m a litigator-turned-mediator who writes about my experiences...
When the Algorithm Sits at the Table: AI’s Emerging Role in Claims and Mediation
The Quiet Disruption in the Claims World Artificial intelligence has moved beyond novelty and firmly planted itself...
Sports Liability in Canada: Voluntary Assumption of Risk (Volenti) — Beyond the Waiver
While in practice, I acted for a young soccer player intentionally tripped by an opponent, suffering complex leg...
The Law of the Slippery Floor: Fast Food Restaurant Liability in Ontario
This article stems from a recent fast food restaurant slip-and-fall mediation and the practical lessons these kinds of...
The Arc of Canadian Bad Faith Jurisprudence: From Whiten to Baker, and Beyond
In the first half of my career, I practised as defence counsel at a major Bay Street firm, representing insurance...
Proving the Invisible Injury: A Balanced Playbook for Mild Traumatic Brain Injury
Introduction In a recent mediation, I witnessed a plaintiff’s counsel construct a convincing case for her client...
Seatbelt Defences and Settlement Value: Why a Small Percentage Can Move the Needle
Here’s how the issue often surfaces in discovery, in the clipped cadence of transcripted Q-and-A: Q: Did you hit any...
Driving Uninsured: Can You Sue?
I wrote this after a mediation that turned on a hard truth. The plaintiff sued, and the tort insurer defended on the...