Volume 18, No. 4 - June/Juin 2010

In this Issue:

• Message From the Chair
• Rising from the Dead? An Ontario Court Rules on the Right of a Dissolved Corporation to Defend Itself
• Griffin v. Dell Canada: A crack in the armour of arbitration clauses?
• No Duty of Good Faith or Fiduciary Duty in the Exercise of a Shotgun Buy/Sell: Aronowicz v. EMTWO Properties Inc., 2010 ONCA 96
• The Court of Appeal Considers the Standard of Review of Orders Approving Receiver’s Reports

Volume 18, No. 3 - March/Mars 2010

In this Issue:

• Message From the Chair
• Case Summary: Galambos v. Perez, 2009 SCC 48
• Decision in IMAX Likely to Spur More Securities Class Actions
• United States v. Yemec: The New Audi Alteram Partem Impeachment Defence to Enforcement of Foreign Judgments
• 2009 OBA Class Action Colloquium
• Muscutt Revisited

Volume 18, No. 2 - November/Novembre 2009

In this Issue:

• Message From the Chair
• 6th Annual Award of Excellence in Civil Litigation
• Plan To Discover
• Part Performance and the Statute of Frauds - The Court of Appeal Revisits
• GM Prevails in Thwarting Class of Unharmed Consumers 
• New Canadian Internet Defamation Case: Henderson v. Pearlman (Ont. SCJ)*
• Noland V. Kerry Canada Inc: Case Comment
   

Volume 18, No. 1 - September/Septembre 2009

In this Issue:

• 2009 OBA Award for Excellence in Civil Litigation
• Mediation Under the Amendments to the Rules of Civil Procedure
• Pre-Action Discovery of Non-Parties in Ontario 
• Areva NP GmbH et al v. Atomic Energy of Canada Ltd: No Temporary Stay Despite Parallel Proceedings in Federal Court
• Personal Injury Litigation in 2010: Would you like fries with your order? 
• The New Not-So-Summary Judgment Rule
• Message From the Chair

Volume 17, No. 3 - June/Juin 2009

In this Issue:

• To Stay or Not to Stay: The OCA and S. 7 of the Arbitration Act, 1991
• Please Stop All That Noise!: No-Fault Liability for Nuisance Considered by the SCC
• Reforming the Law of Cross Border Litigation 
• OBA Commentary on the Codification of Judicial Jurisdiction in Ontario 
• Book Review: Discovery: Principles and Practice in Canadian Common Law, 2nd Ed. 
• Message from the Chair 
• Award of Excellence
  
  Volume 17, No. 2 - December/Décembre 2008
  
  In this Issue:

• The Expert Witness: True Guru or Wizard of Oz?
• Injunction Granted to Stop Harassment by Condo Unit Owner
• Employee Liability: Douglas v. Kinger
• Next Time, Ask First, Fire Later!
• RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc.
• Message from the Chair
• OBA Submission on amendments to Rules 24.1 and 34.12 of Rules of Civil Procedure

Volume 17, No. 1 - September/Septembre 2008

In this Issue:

• Entrenching Solicitor-Client Privilege in the Context of Administrative Regulators
• Admissibility of Expert Opinions: The Court of Appeal Issues a Warning about "Expert Generalists"
• Not So "Special" After All: The Limitations Act and the Evolving Doctrine of "Special Circumstances"
• Class Actions and Judicial Conflict
• Bijural Harmony on the Plains of Abraham: OBA Participation at the Uniform Law Conference of Canada
• Message from the Chair
• Upcoming Programs
• Section Executive 2008-2009

Volume 16, No. 4 - July/Juillet 2008

In this Issue:

• Message from the Co-Chairs
• The Law Society's Intervention to Advance Women in Private Practice
• Mustapha v. Culligan of Canada Ltd.: SCC Tackles Causation
• Why I Became (an American) Lawyer
• If it Floats Like a Duck: A Brief Reflection on the History of Pleadings
• Lawyers Giving Back
• OBA Award for Excellence in Civil Litigation
• Section Executive 2007-2008

Volume 16, No. 3 - May/Mai 2008

In this Issue:

• Message from the Co-Chairs
• 10 Ways to Lose at the Supreme Court of Canada
• One Percent Liability: How Much of it is Fiction?
• Marcoccia (Litigation Guardian of) v. Gill, Purba Furniture Limited, Ford Credit Canada Limited
• The Demise of the Motion for Security for Costs
• OBA Award for Excellence in Civil Litigation
• Upcoming Programs
• Section Executive 2007-2008

Volume 16, No. 2 - January/Janvier 2008

In this Issue:

• Civil Litigation Award of Excellence Dinner for Alan Lenczner, Q.C.
• Honouring Alan Lenczner, Q.C.
• Civility as a Strategy in Litigation
• Report of the Ontario Civil Justice Reform Project
• Ontario Discriminatory Business Practices Act
• Upcoming Program
• OBA Civil Litigation Section Members Meet with Judicial Delegation from Shenzhen, China
• OBA 2008 Institute of Continuing Legal Education
• Section Executive 2007-2008

Volume 16, No. 1 - October/Octobre 2007

In this Issue:

• Message from the Co-Chairs
• Upcoming Programs
• Conflicted Counsel: Acting as the Source of a Deponent's Knowledge, Information, and Belief
• Use of Surveillance at Trial
• Federal Court of Appeal Reception
• Bailiff Enforcement of Court Orders
• The Value of Developing Client-Centered Interviewing Skills and Principle-Based Negotiation Skills
• The Top 10 Ways to Ensure that You Are Never Hired in the Legal Profession
• Newsletters Now Electronic: Message from the Chair of Sections
• National Pro Bono Mentorship Program/Le programme national de mentorat pro bono
• Section Executive 2007-2008

Volume 15, No. 4 - June/Juin 2007

In this Issue:

• Hail to the Chair
• The Perils of "Litigation Guardians" under the Limitations Act, 2002II: The Sequel or the Prequel?
• Cable Company Liable for Inducing Breach of Contract
• Principles of Fact Finding: A View from the Court of Appeal
• Section Executive 2006-2007

Volume 15, No. 3 - March/Mars 2007

In this Issue:

• Message from the Chair
• The Perils of "Litigation Guardians" under the Limitations Act, 2002
• Trial and Error - Balancing the Scales of Justice through the Doctrines of Stare Decisis and Ex Proprio Motu
• Contracting Parties Beware: Court of Appeal Implies Duty of Good Faith
• OPC Ruling May Effect How Lawyers Litigate
• Neutrals' Techniques
• Section Executive 2006-2007

Volume 15, No. 2 - January/Janvier 2007

In this Issue:

• Bias and Apprehension of Bias Update
• Commercial List - What You Need to Succeed
• Best Efforts Undertakings: When is Best Good Enough?
• Clarification on the Doctrine of Election and Alternative Liability
• Section Executive 2006-2007

Volume 15, No. 1 - September/Septembre 2006

In this Issue:

• Message from the Chair
• Safe to Apologize: New Law in British Columbia, Canada
• The Perils of Settling Against One of Several Joint and Several Defendants
• Raising the Bar: The Supreme Court of Canada Rules on Celanese
• The Court of Appeal Speaks on the Admissibility of Surveillance Videos
• Section Executive 2006-2007

Volume 14, No. 3 - May/Mai 2006

In this Issue:

• Message from the Chair
• Advocacy before the Supreme Court of Canada
• 10 Ways to Lose at the Supreme Court of Canada
• Toward a Constitutional Right to Civil Legal Aid
• Brute Force Entry Punished: Autosurvey Inv. v. Prevost
• Bill 14 Position Paper Précis
• A Ticking Time Bomb? Recent Changes to Rule 31.07 of the Ontario Rules of Civil Procedure
• Voluntary Test of Electronic Motions in Toronto
• Section Executive 2005-2006

Volume 14, No. 2 - May/Mai 2006

In this Issue:

• Message from the Chair
• Bill 14 and the Right of Paralegals to Appear before the Courts of Ontario
• Pierringer Agreements: A Useful Mechanism to Resolve Multi-Party Litigation
• Protecting Your Account in a Contingency Fee Arrangement
• Haste Makes Waste: Privilege and Anton Piller Orders
• Section Executive 2005-2006

 Volume 14, No. 1 - October/Octobre 2005

In this Issue:

• Message from the Chair
• Using Mediation to Resolve Disputes
• Taming Your Butterflies: Dealing with Aggressive Counsel
• Liability of Shareholders, Officers and Directors
• Case Update
• Protecting the Legal Accounts of Others: Bogorch & Associates v. Sternberg - A Case Comment
• In Memoriam

Volume 13, No. 3 - May/Mai 2005

In this Issue:

• Recent Developments in the Law of Limitations: HSBC Securities (Canada) Inc. v. Davies, Ward & Beck - A Case Comment
• Recent Court of Appeal Decision on Costs: Celanese Canada v. CNR - Case Comment
• I Laughed, I Cried, I Failed, I Passed: Veni, vidi, velcro, vici
• Update - Amendments to the Rules of Civil Procedure effective January 1, 2005

Volume 13, No. 2 - February/Février 2005

In this Issue:

• Winning = Thinking Tactically, Writing Strategically
• Motions for Advanced or Interim Costs in Public Interest Litigation
• Going Paperless (no, seriously!)
• The Demise of Case Management
• Limitations on the Privilege Attached to Mediation Discussions
• Beware of Computer-Generated Document Codes

Volume 13, No. 1 - October/Octobre 2004

In this Issue:

• Earl Cherniak to Receive Award for Excellence
• Amendments to the Rules, July 1, 2004
• The Dangers of Metadata: What Every Lawyer Needs to Know
• The Demise of Case Management
• Protection of Employees Rights: No Repudiation Without Reasonable Opportunity to Evaluate Employment Changes
• Debate Over Policy vs. Operational Decisions Can Not Be Determined on Rule 21 Motion
• Punitive Damages May Be Available in Commercial Context
• Mere Errors in Judgment Did Not Constitute Negligence by Solicitor
• Brief Briefs

Volume 12, No. 4 - May/Mai 2004

In this Issue:

• Additional Case Management Masters Needed
• Message from the Chair
• Regional Bencher Report
• mediatordates.com: Arranging of Mediations Made Easier for Counsel and Mediators
• Discount and Capitalization Rates Used in Calculating Business Losses

Volume 12, No. 3 - January/Janvier 2004

In this Issue:

• Recent Cases on Immunity for Independent Medical Examiners: The Gates Are Still Closed
• Discovery of Non-Parties
• Ten Baby Steps to Marketing a Litigation Practice
• Upcoming Section Program
• Upcoming CLE Programs

Volume 12, No. 2 - October/Octobre 2003

In this Issue:

• Motor Vehicle Litigation: The Only Constant is Change
• Message from the Chair
• Case Comment - Alan Webster Family Trust
• Your Input is Needed: Amendments to Ontario's Franchise Law

Volume 12, No. 1 - August/Aout 2003

In this Issue:

• The Appeal Bell Tolls Early
• Message from the Chair
• Civil Rules Committee Consultation Paper Rule 57.07 - Liability of Solicitor for Costs
• Amendments to Rule 37.02
• Civil Litigation Section Executive Bios

Volume 11, No. 2 - April 2003

In this Issue:

• Mandatory Mediation in Toronto
• Proscription Periods Under the New Limitations Act
• Court of Appeal Affirms Summary Judgment Based on Written Agreement
• Notice re: Access to the Court House at 361 University Ave. in Toronto
• Franchising Sub-Site Launched

Volume 11, No. 1 - January 2003 

In this Issue:

• The Reasonable Expectations Test
• View from the Chair
• Managing Litigation in Canada
• Mentoring Makes Sense
• Limitations Act
• The True Costs of Discovery
• Request for Input: Arthur Wishart Act (Franchise Disclosure), 2000, Joint Subcommittee on Franchising
• Practice Direction re Motions Scheduling
• Advisory Notices re Solicitor/Client Assessments & Scheduling
• Commercial List Protcol Concerning Court-to-Court Communications in Cross Border Cases

Volume 10, No. 2 - May 2002 

In this Issue:

• Message from the Chair
• A Specialized Divisional Court?
• Re. Telpitsky's Critique of Mandatory Mediation
• 2001 Figures -- LPIC Litigation Negligence Claims
• Defending Judgment Calls
• Breach of Undertaking
• The Phantom Files
• Defamation Actions
• Tactics in a Disciplinary Proceeding
• Cross-Border Litigation
• Civil Litigation Sections News
• Upcoming Programs

Volume 10, No. 1 - February 2002 

In this Issue:

• New Changes to Rule 76 for 2002
• Message from the Chair
• Effective Pre-Trials in the Simplified Rules
• Case Management & Non-Case Management Motions
• 10 Tips on How to Use Case Conference Effectively
• Universal Mandatory Mediation
• Consideration in Employment Circumstances
• News Bulletin from the Civil Litigation Section of the Ontario Bar Association
• Upcoming Programs

Volume 9, No. 2 - February 2001 

In this Issue:

• Message from the Chair
• Bill 14 and the Right of Paralegals to Appear before the Courts of Ontario
• Pierringer Agreements: A Useful Mechanism to Resolve Multi-Party Litigation
• Protecting Your Account in a Contingency Fee Arrangement
• Haste Makes Waste: Privilege and Anton Piller Orders
• Section Executive 2005-2006
•  

Volume 14, No. 2 - January/Janvier 2006

•  An Update as to Status of Toronto Courts
• Strategic Written Advocacy: Preparing Persuasive Documents
• Conducting a Trial (December 5, 2000)
• Happy Franchisors or Franchisees? It depends on whom you ask
• E-File Implementation Working Committee
• Recision as a Remedy for Innocent Misrepresentation — Are Damages Also Available?
• Case Comment: R. v. Starr
• Withdrawal of Written Offer
• In Remembrance: Professor Graham Parker
• Civil Litigation Section Executive 2000-2001