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...
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...
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)...
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...
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...
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...
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,...
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...
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...
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...
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...
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,...
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...
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...