Construction Dispute Gridlock – Is Relief in Sight?

Article
February 22, 2016
Read Time: 3 minutes

We are now only a few months away from the release of a comprehensive report examining the effectiveness of Ontario’s Construction Lien Act. On March 28, 2014, the Ontario government announced an independent analysis of the current construction lien regime, with a view to address a wide array of concerns – including promoting prompt payment and an analysis of the effectiveness of existing dispute resolution mechanisms under the Act. The aim is to modernize the Act to promote better efficiency and effectiveness.

Hryniak: Two years later – The multiple applications of ‘that summary judgment case’ from the Supreme Court of Canada

Article
November 20, 2015
Read Time: 3 minutes

In January 2014, the Supreme Court of Canada released its decision in Hryniak v Mauldin and called for a ‘culture shift’ in the approach to summary judgment and the civil justice system more generally. With the ambitious goal of reducing protracted, costly litigation that undermines access to justice – all the while ensuring the fair and just adjudication of disputes – it is surprising that Hryniak has not
garnered more attention.

Costs: The Elephant in the Courtroom

Article
January 17, 2014
Read Time: 7 minutes

The issue of costs is an extremely important factor to consider not only at the beginning of a litigated dispute, but at regular intervals over the course of its duration. It is a reality that, in certain disputes, the high cost of legal services, the exposure to the other party’s costs and the fact that successful litigants seldom recoup all of their costs, can sometimes make the difference between deciding whether to proceed, or not.

Sanctions for Secret Settlements

Article
November 24, 2012
Read Time: 4 minutes

This article contains Peter Cronyn’s speech from a presentation given at a CCLA Litigation Up-Dated program in 2012.

See no evil, hear no evil… Rule 30.1 – Ontario’s Rules of Civil Procedure

Article
March 13, 2012
Read Time: 3 minutes

Chief Building Officials and other municipal officials who have experience before Ontario’s civil courts may be familiar with the Deemed Undertaking Rule. Contained in Ontario’s Rules of Civil Procedure, the Rule provides that, “all parties and their lawyers are deemed to undertake not to use evidence or information to which the Rule applies for any purposes other than those of the proceeding in which the evidence was obtained”.

How to use competitive intelligence in litigation

Article
January 29, 2010
Read Time: 4 minutes

Competitive intelligence can be broadly characterized as the act of “defining, gathering, analyzing and distributing intelligence about products, customers, competitors and any aspect of the environment needed to support executives and managers in making strategic decisions for an organization.”

Aggravated and Punitive Damages

Article
June 1, 2006
Read Time: 8 minutes

This article focuses on explaining aggravated damages and punitive damages in a comprehensive list. This article also contains a number of cases to explain further.