About Articles The below articles are published by the Civil Litigation Section of the Ontario Bar Association. Members are encouraged to submit articles.  About Articles

Editors:  Aaron Gold and Crystal Park


Chair's Message

  • October 25, 2012
  • Christopher J. Jaglowitz

The fall season marks the start of another busy year for our section executive. Here is a short report on our activities and plans, as well as your invitation to get involved.

Civil Litigation

Canada Trustco Mortgage Co. v. Canada [2011] S.C.C. 36

  • January 30, 2012

This recent Supreme Court of Canada decision could restrict the ability of judgment creditors to garnish bank transactions. This is a somewhat esoteric banking law case, but it may impact basic debtor/creditor and collection law, the standard fare of many civil, commercial and even family litigators

Civil Litigation

Seeking Voluntary Compliance with Foreign Letters of Request

  • November 04, 2011
  • Marko Trivun

A letter of request (or letter rogatory) is a request from a foreign court asking the Ontario court to assist in the gathering of evidence for a foreign legal proceeding, either by compelling testimony under oath or by ordering the production of documents for use at trial (or both). 

Civil Litigation

Defence Before Certification: A Debate of the Pros and Cons

  • November 01, 2011
  • Margaret L. Waddell, Jean-Marc Leclerc

The debate over the likely ameliorative or exacerbating effects on certification of class actions arising from the recent decision in Pennyfeather v. Timminco has been heated.

Civil Litigation

Case Comment: iTrade Finance Inc. v. Bank of Montreal

  • October 06, 2011
  • Joshua Siegel

Fraud remains an ever present, if not growing, feature of the business and legal landscape in Canada. As is so often the case, the legal contest which arises from fraudulent activity lies between two innocent parties, while the fraudster...

Civil Litigation