Distilling the LSUC’s decision in Groia: An old debate between passion and reason

  Want a break from reading the Law Society of Upper Canada’s 88-page Appeal Decision in Groia?   Consider it a replay of that old Hume v. Kant debate: To what extent can the passions inform ethical behaviour?  Or, to extrapolate Sontag’s famous 1963 NYRB book review contrasting Camus with Sartre, the Groia appeal panel confirms that trial… Read More

Unbundling as a law practice business model for litigation

Despite the splash that ‘unbundling’ made as a model for legal service delivery, it has largely been the domain of family law and small claims litigation.  As a business model, unbundling presents considerable challenges for the law practice.  My recent paper, Drawing Clear Boundaries: Unbundling Litigation Without Letting It All Hang Out, provides some do’s and… Read More

Unpacking the legalities of the “Three Little Pigs”

Hidden behind The Guardian‘s provocative “Three Little Pigs” ad is a subtext on the role of public opinion on the judicial process. (la version française suit) It starts, of course, where the children’s story ended.  The Big Bad Wolf was boiled alive, but then the layers of the story unwrap into a fractured tale of a… Read More

Are lawyers sitting ducks for breach of privacy claims?

As a lawyer, you are also a spy.  The extent to which you may wish to look the part is up to you. (version française) As a law student in an intellectual property firm, I was often instructed to collect evidence out in the real world, not only to prosecute counterfeiters but also to help… Read More

Cross-Examining on a discovery transcript

The Format You likely won’t have read it in your evidence textbook in law school.  It is almost an unwritten law, in that the format is available by asking seasoned trial lawyers or at educational seminars.  You’ll be surprised how often, during your career, trial lawyers will not know the proper way to cross-examine on… Read More