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Does a lawyer’s duty of care extend to reviewing applicable limitation...
Does a lawyer’s duty of care extend to reviewing applicable limitation periods with a client? The Court of Appeal for Ontario says: “No”: [1] The appellant raises two issues on this appeal. [2] First,...
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Ontario Court of Appeal: Jurisdiction Simpliciter Established by Defendant’s...
Court of Appeal window (Photo credit: lancea) The Court of Appeal for Ontario in Zhang v. Hua Hai Li Steel Pipe Co. Ltd., 2013 ONCA 103 (CanLII), has reaffirmed that jurisdiction simpliciter is...
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No Harm, No Foul?
Here’s something that made me do a double-take: [6] First, the appellant contends that the trial judge erred in relying on evidence given by counsel (Mr. Callahan) during his submissions. [7]...
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A Judicial Do-Over
I have long thought that an appeal court is more than merely a forum of last resort , a venue for judicial review, or a chamber of sober second thought. The intrinsic value of appellate review lies...
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Happy Trails and Happy Trials: Supreme Court of Canada Rules On the Test for...
Today’s Supreme Court of Canada decisions on the summary judgment appeals in Hryniak v. Mauldin, 2014 SCC 7 and Bruno Appliance and Furniture, Inc. v. Hryniak, 2014 SCC 8 offer a somewhat less than...
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