Dispatches from the Middle
Frontline insights on mediation, reform and resolution
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· 18 min read
The Art of the Mediation Opening: The Plaintiff's Perspective
What I Have Learned After Watching Hundreds of Mediation Openings
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· 17 min read
Decisions, Decisions: A Strategic Guide to Simplified Procedure
Over the past several months, I have noticed an interesting issue arise in a number of my mediations. During caucus discussions, counsel have occasionally…
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· 17 min read
Ever-Changing World: New Frontiers of Negligence Law
“Plus ça change, plus c’est la même chose.”
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· 17 min read
Do Better! A Practical Guide to Rule 7 Approval Motions in Ontario
More Than Just Another Motion
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· 16 min read
Door Left Open: The Unfinished Law of Loss of Chance
How can a legal doctrine survive for more than a century without Canada’s highest court ever deciding whether it truly forms part of our…
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· 9 min read
Balancing Act: Security for Costs and Access to Justice
During my years in practice, I both brought and defended motions for security for costs. They were never routine motions. Unlike the more familiar…
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· 8 min read
The Parking Lot Paradox: The Line Between Accident Benefits and Occupiers' Liability
In personal injury law, lawyers often spend years arguing over whether an event is an “accident” within the meaning of the Statutory Accident Benefits…
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· 7 min read
Whose Fault Is It Anyway: Contributory Negligence and the Value of Risk
After more than thirty years as litigation counsel and now several years as a full-time mediator, I have noticed a recurring pattern in personal…
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· 5 min read
No Double Rainbow: Pierringer Agreements, Costs and Windfalls
Last year I wrote about[1] the Ontario Court of Appeal’s decision in Cadieux v. Cadieux and the continued evolution of Pierringer agreements in Ontario…
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· 10 min read
The Long Road Ahead: Mediating Long-Term Disability Cases in Ontario
During my years as plaintiff’s counsel, I represented many individuals whose injuries ultimately prevented them from returning to work. In serious injury cases, the…