Les avocats sont-ils des cibles pour des réclamations pour atteintes à la vie privée?

En tant qu’avocat, vous êtes aussi un espion. La mesure dans laquelle vous en faites la comédie est à vous. (English version) Comme un étudiant en droit dans un cabinet de propriété intellectuelle, j’ai souvent été chargé de recueillir des preuves, non seulement pour poursuivre les contrefacteurs, mais aussi pour soutenir des clients dans leur… Read More

Avoiding the public eye: How not to become the story, even if you are.

Celebrity lawyer rows with bad-boy aristo-client.” “Star securities litigation lawyer  besieged.” “Counsel sues judges.” “Firebrand pro bono lawyer of yesteryear still tangling with Law Society.” (la version française suit) Whatever your take on these professional controversies, one thing is certain: it is not the kind of notoriety you seek for any stage of your legal career. … Read More

Procrastinators, don’t let work-life balance kill you

Canadian Lawyer‘s launch of its monthly column, The Accidental Mentor.  The inaugural piece, “Procrastinators, don’t let work-life balance kill you“, illustrates how convenient devices to make your life better can, in fact, make you fearful of work. While you’re there, check out the other columns before you get back to work.  Indeed, if you’re a follower… Read More

‘Tis the Season to be Injunctive

(la version française suit) When 10 minutes to go, is late It was 6:50 p.m., and all through the house, not a creature was stirring, not even a —— Drrrring!  “He’s not here yet.  He’s supposed to have my kids here by 7,” said the voice, to the lawyer.  “Can’t you phone the judge or… Read More

Solving the conundrum of the Canadian tripartite retainer

(le sommaire français suit) Discussion of the 2000 Court of Appeal for Ontario decision, Fellowes McNeil v. Kansa, in my recent article, “No Unbundling of Negligence,” has tapped into a continuing discussion of the precise ethical obligations of lawyers and law firms retained by liability insurers to defend parties in lawsuits, and who “stumble upon”… Read More

‘Appropriate Means’ ~ Enhancement of Discoverability in Ontario Limitations Law

Limitations Act, 2002, came into force, do parties and their lawyers avail themselves of the phrase “appropriate means” in s. 5, to toll the operation limitation periods?  The time has come for all lawyers, junior and senior, to be aware of these words as an enhancement of the discoverability principle. Lawyers called to the Bar… Read More

Rule 30.1 ~ The Quicksand between Rules 30 and 31

Recently, my opposing counsel in a product liability matter cited the “Deemed Undertaking Rule” as grounds for the manufacturer not to comply with a discovery undertaking to produce information from prior incidents linked to the same device. (la version française suit) If my opponent were right, she would have landed in a patch of professional… Read More

No ‘unbundling’ of negligence

The hitherto unrepresented litigant has made an appointment to see you. (la version française suit) Under his arm, he clutches a big stack of papers, out of which he hands you a motion record for summary judgment delivered at his post office box.  The hearing is scheduled for the day after tomorrow, and he presents… Read More

Should I get Excess Liability Insurance?

Excess insurance is relatively inexpensive, and well worth the peace of mind.  Lawyers tend to be born insomniacs – you don’t need anything else keeping you up at night! LawPro’s standard (mandatory) policy provides coverage with insurance limits of $1 million per claim and $2 million in the aggregate.  This means there is $1 million… Read More

Litigation guardians: the limitations minefield

Any time you act for a minor or a mentally incapable person in litigation, or in other legal matters, you will be appointing a litigation guardian.  Next comes the tricky part, from a limitations perspective. Acting for litigation guardians is fraught with peril.  Suddenly, the incapacitated personal injury victim or minor, usually incapable of appreciating… Read More