Rear-Ender, Reviewed: How the Reverse Onus Survives Rebuttal
Rear-end collisions look simple until you’re litigating them. Ontario law imposes a common-law reverse onus on the...
When Capacity Is in Question: Mediation, Gatekeepers, and Enforceability
The call came the day before a mandatory mediation. Defence counsel, her tone edged with concern, explained that she...
The Bus Stops Here: Passenger Contributory Negligence in Transit Injury Claims
During my years in practice, I saw more than a few clients who came through the door with injuries suffered on public...
The $50K Turning Point: How Small Claims Court Expansion Will Reshape Mediation
Not long ago, I found myself on the other side of the courtroom—personally represented in a Small Claims Court trial...
A Painful History: Ontario’s Deductible and the Price of Suffering
What the deductible is—and isn’t If you sue for pain and suffering (non-pecuniary damages) after a motor-vehicle...
Hiring a “Competent Contractor”: Shield or Mirage?
A mediation I conducted not long ago involved a condominium corporation facing a slip-and-fall claim. The corporation...
Justice in Motion: The Case for Reforming Ontario’s Motion Process
Introduction: The Problem of Motion Overload “Motions have become a source of delay, expense, and procedural...
Meyer v. Bright, Three Decades On: Ontario’s Auto “Threshold” Still Rules the Gate (2025 Update)
Preparing for a recent motor-vehicle mediation, I was struck—reading a sharp brief from a young defence counsel—by a...
SABs, Silos, and the End of “Apples to Apples”: Lessons from Cadieux
Recently, I came across a post on LinkedIn from a fellow mediator that got me thinking. It described a situation many...
The Over-Demanding Client: When Compassion Collides with Capacity
As a mediator, I’m often reminded of the hidden pressures that lawyers carry into the room. In a recent mediation, I...
The Estate Litigation Landscape in Ontario: Key Issues Every Litigator and Mediator Should Know
Estate litigation in Ontario sits at the crossroads of family law, trust law, and civil procedure. It is an area where...
The CAT Gambit: Risk and Reward in Tort Mediation Before the LAT Decision
In the world of motor vehicle litigation, mediations often involve two distinct but overlapping battlegrounds: tort...
The Jury’s Still In: But for How Long in Ontario?
Jury Trials Still Exist—but Their Future Is Shrinking Ontario remains one of the few provinces where civil jury...
Quiet Quitting and the Law: How Canada’s Courts Could Respond
In a recent BBC article, “Quiet quitting is the status quo. Workers are still proud to do the bare minimum,”...
Case Commentary: Sinclair v. Venezia Turismo (2025 SCC 27)
Context & Procedural Path The Sinclairs—Canadian travellers—were injured in a water taxi accident in Venice,...
Three Years to Sue? Not So Fast.
Ontario’s Proposed Basic Limitation Period Shift and What It Means for Litigants Ontario’s civil justice reform...
Mind the Gap: THE SEQUEL: When a “Ledge” Stops Being a Defect (and becomes your responsibility)
In my earlier post, “Mind the Gap: When Sidewalk Transitions Become Legal Traps,” I walked through Ontario’s...
Mind the Gap: When Sidewalk Transitions Become Legal Traps
It happened in an instant. My elderly friend was crossing the street on a bright afternoon, stepping from the painted...
ZOOM Justice: The Quiet Revolution in How We Settle Cases
Introduction Five years ago, when I transitioned from litigation to full-time mediation, I did not expect I would...
When Elevator Doors Attack: How Evidence—and Foreseeability—Decide Elevator Liability Cases
Elevator cases look simple to clients. Something slams, jerks, mislevels, or traps them, and they get hurt. But in...