court Tag Archives

Stretching the Limitation Period in Ontario

stretching a limitation period requires more than a broken clock

A couple of recent cases from our Court of Appeal confirm that a limitation period can be stretched beyond the usual two years, but only if it would not be appropriate for a plaintiff to start the legal action earlier. In Ontario, the Limitation Act, 2002 governs the time limits for when a legal action needs to be filed. In most cases the usual rule is that a civil action must be filed within two years of when the event occurred. However, the two-year time frame will not start until the claim is “discovered”.

Ontario to Provide Counselling Compensation for Traumatized Jurors

Hands nervously held together on the lap

A jury summons is a civil responsibility, not a voluntary invitation, and can expose jurors to disturbing details of a case. To help jurors cope with traumatic experiences in Ontario courts, the province is launching a program that will provide counselling services to jurors.

Ask a Lawyer: Should We Broadcast Court Proceedings?

Ask a Lawyer: Should We Broadcast Court Proceedings?

Recently, Justice Denny Thomas in Edmonton allowed television cameras inside the courtroom to broadcast his long-awaited decision in the Travis Vader murder case. His decision to allow cameras has stirred up the debate on whether or not to allow cameras into Canadian courtrooms. Broadcasting inside courtrooms is nothing new in the United States but is extremely rare in Canada. Many of us remember the O.J. Simpson trial …

Queen’s University Takes Top Prize at 2016 OTLA Cup

Ten competitors and five witnesses from law schools throughout Ontario competed in the annual mooting competition in a hotly contested mock trial, held this year in Windsor, Ontario. The competition was tight as all the participants were extremely well prepared, but ultimately only one team could take home the Cup. Queen’s University returned the OTLA Cup to Kingston in 2016, the site of the first …

Canada’s Independent Judiciary

On Thursday June 11, 2015, our Supreme Court of Canada ruled that the law limiting medical marijuana to dry leaves infringes on Canadians’ liberty and security of person protected by section 7 of the Charter of Rights and Freedoms. The Court was unanimous in ruling that medical marijuana can be legally consumed in a range of ways, from cannabis-infused cookies and brownies to cooking oils …

The “Inevitable” Accident Defence

The inevitable accident defence can be applied not only in cases of black ice or potholes, but also where accidents are attributed to a medical condition, sudden mechanical failure, or an animal darting onto the roadway.