litigation Tag Archives

COVID-19 pandemic fears, deliberate spitting in public, and civil remedies

As Ontario begins to re-open additional services and begins to implement stage two and eventually stage three protocols for the COVID-19 pandemic, A serious issue is deliberate spitting and coughing incidents being reported.

What is Adverse Costs Insurance? Do I need It?

Generally speaking, in Ontario, we have a ‘loser pays legal fees system’. This means that the unsuccessful party in a lawsuit can expect to be ordered to pay at least part of the successful side’s legal costs.

What is a litigation guardian? Who needs one? Should I be one?

Unfortunately, serious injuries can happen to anyone, including individuals who would legally be considered to be “parties under a disability”. A “party under a disability” is a person who does not have the legal capacity to instruct legal counsel.

Reducing Taxpayers’ Dollars means the CMPA taking a Different Litigation Approach

As medical malpractice lawyers know all too well, the Canadian Medical Protective Association (“CMPA”) has earned its litigious reputation. Their slogan reads, “protecting the professional integrity of physicians and promoting safe medical care in Canada”. They profess a duty to protect rather than to defend. Often, this mandate translates into aggressively fought litigation culminating with a trial or settlement only on the courtroom steps. This …

The Civil Jury

In North America, the jury trial is almost sacrosanct. Even lawyers who have never tried a case before a jury will argue passionately that a jury trial is every litigant’s right and should be preserved at all costs. Over the past several years there is a push by the judiciary to find ways to decide disputes more efficiently and at less cost. One target for …