Articles 2021

A message from the editor.

Megan Keenberg provides a helpful overview of case management arbitration as a way to help move matters forward in the face of lengthy court backlogs.

Resolving a claim at mediation is good, but winning at mediation is even better. After all, anyone can settle. As an advocate, you should work to get the best result for your client, whether it is at trial or at mediation.

Cameron Fiske writes about a little-known phenomenon: self-represented litigants before the Supreme Court of Canada and Supreme Court of the United States.

Anne Posno, David Steinberg and Nadia Campion provide helpful advice and insights on virtual litigation.

Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 10, 2021.

Topics covered this week included leave to issue a writ of seizure and sale outside the six year period from the date of the judgment, assault in the context of use of excessive force by police, the interpretation of a commercial lease (term length and obligation to repair roof) and an appeal from a jury award in an MVA case.

Our Top Appeals of 2020 CLE took place on April 27, 2021. We had over 70 registrants and eleven panelists, and very good feedback from our attendees. Thank you to Justice Zarnett, all of our panelists and our registrants for another successful CLE. The program qualified for 30 minutes of professionalism CPD credit and 2.75 hours of substantive content credit. If anyone would like to register for the program on demand, please visit the OBA’s website.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of April 19, 2021.

Please find below our summaries of the civil decisions of the Court of Appeal for the week of April 12, 2021. The Court addressed the interpretation of a commitment letter for a commercial loan cancelled by the lender as a result of the borrower’s failure to satisfy the conditions of financing, statutory assignment and trust provisions of section 267.8 of the Insurance Act, and equalization payments in a family law decision.