Tagged civil litigation

Unbundling the civil litigation retainer

“A significant proportion of middle-income Ontarians can afford to pay for some legal services.  Developing innovative programs to harness this market, whether through unbundling, legal expense insurance, or other forms of subsidized legal services, would represent an important step forward.” — Report of the Ontario Civil legal Needs Project, 2010, p. 56 (la version française suit) Uncharted territory, albeit well-trodden What is your experience so far with limited scope retainers, otherwise known as “unbundling”?  At the moment, Ontario lawyers appear to be slow adopters of this mode of legal service delivery, at least with that label.  Fingers crossed, no one has…

‘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 something?”  The phone call in this true story was the lawyer’s reward for having a listed home phone number, a bad practice of many lawyers in smaller communities. If you are a family lawyer and this story “rings a bell,” just think what lies in…

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 their legal rights, may have limitation period commencing against them.  To start your appreciation of this issue, read my 2007 series of articles : civmar07web, civjun07web Terms of use / Mentions légales

OJEN Civil Law Confidential

In 2008, Lee Akazaki, Jeffrey Radnoff and Jennifer McAleer from the OBA Civil Litigation Section Executive presented Civil Law Confidential, an interactive programme of teaching resources for high school civics and law teachers, at the Summer Law Institute.  Click on the above link, for information and materials.