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Sep 14, 2025

Review: The Trial Advocate as Storyteller:  Discipline Over Drama

Review: The Trial Advocate as Storyteller: Discipline Over Drama

The opening chapter of Litigation and Administrative Advocacy: The Art and Science of Persuasion—“The Trial Advocate...

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Sep 13, 2025

Untangling Successive Accidents and Indivisible Injuries:  A Practical Guide for Ontario Litigators

Untangling Successive Accidents and Indivisible Injuries: A Practical Guide for Ontario Litigators

Most blogs take me a few hours. Others days or weeks. This one has been brewing for months, as I have struggled to...

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Sep 12, 2025

Jury Questions, Causation, and Successive Accidents:  Lessons from Meldazy v. Nassar (2025 ONCA 590)

Jury Questions, Causation, and Successive Accidents: Lessons from Meldazy v. Nassar (2025 ONCA 590)

The Ontario Court of Appeal’s decision in Meldazy v. Nassar (2025 ONCA 590)[1] provides a careful look at how trial...

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Sep 11, 2025

Executor Misconduct or Just Delay?  How courts distinguish inefficiency from breach of duty

Executor Misconduct or Just Delay? How courts distinguish inefficiency from breach of duty

“This case provides a good argument for leaving one’s testamentary estate to pets or strangers”. J.W. Quinn J....

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Sep 10, 2025

Retail Surveillance Wars:  Spoliation of Video in Slip-and-Falls

Retail Surveillance Wars: Spoliation of Video in Slip-and-Falls

Introduction In the past few months I’ve mediated several slip-and-fall cases in department stores and big-box...

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Sep 9, 2025

The Thin Skull Meets the Crumbling Skull:  Mediation Strategies for Chronic-Pain Litigation

The Thin Skull Meets the Crumbling Skull: Mediation Strategies for Chronic-Pain Litigation

Introduction I’ve been reading the words “thin skull” and “crumbling skull” in mediation briefs a lot these days....

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Sep 8, 2025

Pierringer Agreements in the Wake of Cadieux:  Lessons for Counsel and Mediators

Pierringer Agreements in the Wake of Cadieux: Lessons for Counsel and Mediators

At a recent mediation, one defendant proposed a Pierringer agreement (often misspelled “Perringer”) with the plaintiff...

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Sep 7, 2025

A Primer in CAT Threshold:  Where Case Law is Heading in Catastrophic Impairment Designations

A Primer in CAT Threshold: Where Case Law is Heading in Catastrophic Impairment Designations

When in practice, my team succeeded in achieving catastrophic impairment designations for some of my most seriously...

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Sep 6, 2025

Private vs. Judicial Mediation:  The Complicated Art of Resolution

Private vs. Judicial Mediation: The Complicated Art of Resolution

“I have called you together so we can resolve your indifferences.” Chief Justice Warren Winkler, 2010 I have been...

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Sep 5, 2025

Revoking Probate in Ontario:  Limitation Periods and the Boundaries of Challenge

Revoking Probate in Ontario: Limitation Periods and the Boundaries of Challenge

In Ontario, a Certificate of Appointment of Estate Trustee[1] is not immune from challenge once issued. Beneficiaries...

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Sep 4, 2025

When Trust Vanishes:  Withdrawing as Solicitor of Record in Ontario

When Trust Vanishes: Withdrawing as Solicitor of Record in Ontario

Over the course of my years representing individual plaintiffs in personal injury cases, I discovered that the most...

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Sep 3, 2025

Executor Compensation Battles:  Percentages vs. Principles in Estate Disputes

Executor Compensation Battles: Percentages vs. Principles in Estate Disputes

Executor compensation is one of the most common flashpoints in estate cases. For estate litigators, these disputes are...

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Sep 3, 2025

Poisoned Work Environment:  Toxic Workplaces & Mediation

Poisoned Work Environment: Toxic Workplaces & Mediation

Overview Here’s the straight story, in plain English, on when a “toxic” workplace becomes a poisoned one in law—and...

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Sep 2, 2025

The MIG Squeeze:  Why Minor Injury Guideline Fights Keep Escalating at the LAT

The MIG Squeeze: Why Minor Injury Guideline Fights Keep Escalating at the LAT

If you’re hurt in a car crash in Ontario, you can claim accident benefits from your own auto insurer—no matter who...

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Sep 2, 2025

The Price of Hardball:  Ontario CA in Barry v. Anantharajah on Costs

The Price of Hardball: Ontario CA in Barry v. Anantharajah on Costs

On August 29, 2025, the Ontario Court of Appeal released its decision in Barry v. Anantharajah, 2025 ONCA 603[1], a...

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Sep 1, 2025

When Costs Eclipse Damages:  A Case Commentary on Barry v. Anantharajah

When Costs Eclipse Damages: A Case Commentary on Barry v. Anantharajah

The decision in Barry v. Anantharajah (2024 ONSC 1267)[1] stands out not because of the modest damages awarded at...

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Aug 31, 2025

The Winter Maintenance Puzzle:  Recent Decisions on Municipal and Contractor Responsibility

The Winter Maintenance Puzzle: Recent Decisions on Municipal and Contractor Responsibility

 Ontario winters are more than a nuisance—they are a legal flashpoint. Each year, slip-and-fall claims on icy...

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Aug 29, 2025

Civility on Trial:  What the Supreme Court’s Groia Decision Really Means for Lawyers

Civility on Trial: What the Supreme Court’s Groia Decision Really Means for Lawyers

For years in the courtroom, civility was something debated as much as it was practised — a question of how far an...

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Aug 28, 2025

 Hair Today, Gone Tomorrow:  The Legal Fallout of Beauty Salon Mishaps

 Hair Today, Gone Tomorrow: The Legal Fallout of Beauty Salon Mishaps

When I was running my own shop, for years on Staff Appreciation Day, my partner and I would shut down the office, rent...

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Aug 27, 2025

Read Before You Leap: The Ironclad Waiver

Read Before You Leap: The Ironclad Waiver

Here’s the straight goods. When I was a practicing personal-injury lawyer, I sometimes had to tell hard truths to...

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