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Aug 5, 2025

Bound by Association:  The Legal Risk of Group Strategy

Bound by Association: The Legal Risk of Group Strategy

In estate litigation and beyond, it’s not unusual for a single lawyer to be retained jointly by multiple individuals...

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Aug 4, 2025

Grenade in the Will:  No-Contest Clauses, Solicitor Negligence, and the Two-Year Limitation Trap

Grenade in the Will: No-Contest Clauses, Solicitor Negligence, and the Two-Year Limitation Trap

Estate litigation has its share of legal landmines. Chief among them is the no-contest clause, a ticking grenade...

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Aug 3, 2025

Before the Storm:  Why Employment Disputes Should Settle Early

Before the Storm: Why Employment Disputes Should Settle Early

Ontario’s civil justice system is changing—and for the better. After years of calls for reform, we’re finally seeing...

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Aug 2, 2025

When the Shoe No Longer Fits:  Removing an Executor in Ontario

When the Shoe No Longer Fits: Removing an Executor in Ontario

Introduction: Trust, but Verify In the world of estate litigation, few remedies are more drastic, or more necessary,...

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Aug 1, 2025

When the Gloves Come Off: What Ontario’s Top Court Is Teaching Estate Trustees in 2025

When the Gloves Come Off: What Ontario’s Top Court Is Teaching Estate Trustees in 2025

In estate litigation, the gloves rarely come off all at once. Distrust builds gradually—through silence, exclusion,...

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Jul 31, 2025

Leap of Faith:  Embracing Early Mediation in Ontario’s New Era of Civil Procedure Reform

Leap of Faith: Embracing Early Mediation in Ontario’s New Era of Civil Procedure Reform

Ontario stands at the edge of a civil justice crossroads[1]. With a sweeping overhaul of the Rules of Civil Procedure...

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Jul 30, 2025

The Clock Is Ticking:  Why Demand for Experienced Mediators Is About to Surge

The Clock Is Ticking: Why Demand for Experienced Mediators Is About to Surge

The Ontario court system isn’t just slow. It’s teetering on collapse in many jurisdictions. Civil trials are now being...

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Jul 29, 2025

Navigating CAT Designation in Ontario: A System Under Pressure

Navigating CAT Designation in Ontario: A System Under Pressure

Introduction: CAT Designation in Context In Ontario's accident benefits system, few thresholds carry as much...

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Jul 16, 2025

Word on the Street: Bay Street’s Take on Ontario’s Civil Justice Overhaul

Word on the Street: Bay Street’s Take on Ontario’s Civil Justice Overhaul

Introduction Ontario’s civil litigation landscape is on the cusp of its most significant overhaul in decades. The...

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Jul 9, 2025

Policy, Practice, and the Potholes in Between: A Mediator’s Firsthand Journey Through 35 Years of Ontario Auto Insurance Reform

Policy, Practice, and the Potholes in Between: A Mediator’s Firsthand Journey Through 35 Years of Ontario Auto Insurance Reform

Introduction: Life Before No-Fault I initially stepped into the world of insurance law in the late 1980s when I was 23...

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Jun 20, 2025

The Last, Best Chance: Mediating Before Trial in the Age of Judicial Resource Scarcity

The Last, Best Chance: Mediating Before Trial in the Age of Judicial Resource Scarcity

A System Under Strain The backlog in Ontario’s civil courts has reached unsustainable levels, with motions and trials...

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Jun 17, 2025

Breaking the Ceiling? The High-Water Mark for Pain and Suffering Damages in Ontario Personal Injury Law

Breaking the Ceiling? The High-Water Mark for Pain and Suffering Damages in Ontario Personal Injury Law

Introduction: What Is My Case Worth? During my years in practice, one of the most common questions I was asked, both...

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Jun 10, 2025

The Credibility Crisis:  Rebuilding Trust in Expert Evidence Through Civil Reform

The Credibility Crisis: Rebuilding Trust in Expert Evidence Through Civil Reform

I recently prepared for a mediation involving the death of a family patriarch. It was a high-stakes case—personal,...

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Jun 1, 2025

Rewriting Discovery: Ontario’s Proposed Shift to an Up-Front Evidence Model

Rewriting Discovery: Ontario’s Proposed Shift to an Up-Front Evidence Model

In 1985, Ontario undertook a major codification of its civil justice system—transforming scattered procedural...

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Jun 1, 2025

No Soup for You:  When Surveillance Destroys Subjective Injury Claims

No Soup for You: When Surveillance Destroys Subjective Injury Claims

It was a textbook example of how credibility can implode in an instant. Back when I was still in active practice, I...

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May 26, 2025

Executor Insurance and No-Contest Clauses: Navigating the Duty to Defend  Amid Beneficiary Objections

Executor Insurance and No-Contest Clauses: Navigating the Duty to Defend Amid Beneficiary Objections

Understanding Executor Liability Insurance Executor liability insurance is designed to protect estate trustees from...

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May 25, 2025

IN THE DITCH: Turning Mediation Breakdowns Into Breakthroughs

IN THE DITCH: Turning Mediation Breakdowns Into Breakthroughs

In every mediator’s career, there are many moments when negotiations stall. I call that moment: “IN THE DITCH”....

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May 25, 2025

Soft Tissue, Hard Truths: Credibility, Chronic Pain, and the Threshold Battleground in Ontario Courts

Soft Tissue, Hard Truths: Credibility, Chronic Pain, and the Threshold Battleground in Ontario Courts

Introduction: Between Skepticism and Suffering Ontario’s civil justice system is facing unprecedented delays, and...

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May 22, 2025

Mediating in CAT Limbo: Strategic Considerations in Ontario Tort Claims Involving Statutory Third Parties and Underinsured Motorist Coverage

Mediating in CAT Limbo: Strategic Considerations in Ontario Tort Claims Involving Statutory Third Parties and Underinsured Motorist Coverage

Introduction In Ontario motor vehicle litigation, mediation has become an indispensable tool for resolving complex...

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May 21, 2025

“Threshold or Not?” – Recent Ontario Cases Shaping the Serious Impairment Standard

“Threshold or Not?” – Recent Ontario Cases Shaping the Serious Impairment Standard

Introduction In Ontario, the “serious impairment” threshold under the Insurance Act serves as a critical determinant...

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