Dispatches from the Middle
Frontline insights on mediation, reform and resolution
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· 6 min read
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 rear driver. But courts still expect a…
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· 4 min read
When the Algorithm Sits at the Table: AI’s Emerging Role in Claims and Mediation
The Quiet Disruption in the Claims World
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· 5 min read
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 feared the plaintiff lacked litigation…
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· 8 min read
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 transit. The…
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· 4 min read
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 that stretched over…
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· 3 min read
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 stepped into a…
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· 4 min read
A Painful History: Ontario’s Deductible and the Price of Suffering
What the deductible is—and isn’t
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· 5 min read
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 relied squarely on the “competent contractor” defence…
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· 8 min read
Justice in Motion: The Case for Reforming Ontario’s Motion Process
Introduction: The Problem of Motion Overload
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· 8 min read
Meyer v. Bright, 3 Decades On: Ontario’s Auto “Threshold” Still Rules the Gate
Preparing for a recent motor-vehicle mediation, I was struck—reading a sharp brief from a young defence counsel—by a citation I hadn’t seen referenced in…
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· 4 min read
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 of us have…
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· 8 min read
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 legal principles, human…