Recent Articles

The Duties of Expert Witnesses

January 06, 2009 12:25

Wendy Reynolds from Slaw recently posted on a proposed regulatory change to the Rules of Civil Procedure with respect to the duties of expert witnesses. Coming into force in two years, the December 27, 2008 Ontario Gazette lists several amendments to the Rules of Civil Procedure including: RULE 4.1...

Upcoming Changes in the New Year

January 05, 2009 11:13

Happy New Year! It promises to be an interesting year in estates law with exciting changes headed our way. Under the guidance of the Honourable Mr. Justice Brown, the Estates List Practice Direction is being updated and should be implemented before the end of the year.   The Ontario Bar...

Procedural decisions that came out of the Ontario Superior Court of Justice - Hull on Estates #143

December 30, 2008 21:30

Listen to Procedural decisions that came out of the Ontario Superior Court of Justice This week on Hull and Estates, Paul Trudelle and Diane Viera, discuss procedural decisions that came out of the Ontario Superior Court of Justice and in particular a few decisions from the honourable Mr. Justice...

Looking Forward to 2009

December 30, 2008 12:04

I hope everyone is having great holiday season. With the close of 2008, we turn and look to the promise of 2009. In looking ahead to 2009 many may wonder if they have properly protected and provided for those they intend to protect should something unexpected happen to them. Questions may also...

Offers to Settle in a Will Challenge

December 30, 2008 11:16

Offers to settle and more specifically, Rule 49.10 of the Rules of Civil Procedure, are intended to force the parties in a legal proceeding to consider the settlement of a matter prior to trial failing which, costs consequences will result if an offer is more favourable than the result obtained at...

Short Circuiting the Frivolous Will Challenge

December 29, 2008 11:12

Facing a frivolous Will challenge can be very frustrating, time consuming and costly. In a typical Will challenge proceeding, the process can involve an application/motion for directions, documentary discovery from the parties and non parties, examination of the parties and non parties,...

Hughes v. Kennedy Automation Limited: due diligence and discoverability under the Limitations Act, 2002

December 24, 2008 10:00

The Ontario Court of Appeals recently affirmed the decision of Mr. Justice Glithero to refuse a motion to add a solicitor and his law firm as a defendant party to a proceeding for breach of contract, because the claim was discoverable more than two years prior to the motion. In Hughes v. Kennedy...