General Interest

General Interest (44)

%AM, %01 %041 %2015 %00:%Jun

Large Firm Growth - 2015 Edition

Written by

Once again, Law Times has released some numbers on the sizes of some of the largest law firms in Canada.  I've written about this in 2013 and 2014 (short version - large firm growth was stagnant).  Law Times has released its 2015 numbers, and the trend from the past few years appears to be continuing.

%AM, %19 %041 %2015 %00:%Jan

Diet Doctors and the Value of Reputation

Written by

The law of defamation is a very technical, complex area of law.  Even more complex is the motivation behind many defamation claims. Since the value of a reputation is hard to quantify, defamation claims can often be motivated more by injured feelings than by money.  Claims where it ends up being more about personalities than about the money raise some complex issues regarding the role of civil courts, which are really designed to allocate money, rather than to fix hurt feelings.  An example of this is a recently decided case of a defamation battle between two diet doctors.

%AM, %18 %041 %2014 %00:%Nov

New Tools to Fight Vexatious Litigants

Written by

I've written about vexatious litigants here before (here, for example) - litigants who bring frivolous, harassing claims with no merit to them.  As an update on this front, new amendments to the Ontario Rules of Civil Procedure appear to be starting to take hold in weeding some of these claims out at an early stage. The first of these types of cases (at least those that are reported), as discussed below, appear to be a start to dealing with a tough issue for the courts.

%PM, %04 %844 %2014 %19:%Apr

Statscan Litigation Trends

Written by

Statistics Canada has released its annual litigation survey today, which gives a very high-level view of some trends in the Canadian litigation landscape.  Being a civil litigator, the numbers that interest me are those dealing with general civil litigation, as opposed to other things like family law disputes.  As discussed below, the new numbers show a continuing trend towards fewer bankruptcy and insolvency type cases, with an increasing number of motor vehicle claims.

%PM, %28 %749 %2014 %16:%Feb

Large Firm Growth - 2014 Edition

Written by

Every year, the Law Times releases numbers on how many lawyers are employed by the largest firms in Canada. I blogged about the trends that this survey shows last year (short version: little growth at the big firms).  Now that the Law Times has released its numbers for this year, we can run update the numbers and see if anything has changed.  Even with the recent fall of Heenan Blaikie, the trend seems to be fairly similar to last year: little growth overall at the big firms.

Injunctions are a complex area of the law.  Injunctions can be even more complex when parties (or even judges) starting becoming imprecise about the words used to describe an injunction.  There are many different types of injunctions, with each having a different effect, and each having different (albeit similar) requirements under the law if you want to obtain one. So bear with me, while I step into a more technical legal area, and try to clarify (which great help from a recent Ontario Court of Appeal case) the difference between interim, interlocutory, mandatory and final injunctions.

%PM, %11 %739 %2013 %16:%Oct

The Living Dead

Written by

Recently, an Ohio man who had been (incorrectly) declared legally dead when he disappeared 8 years ago, appeared in court to have the declaration reversed.  Strangely, his application was refused (apparently because he waited too long to bring his application).  Could this bureaucracy over reality situation happen in Ontario?  While I'd like to say absolutely not, as I discuss below, the law could be a little clearer on this point.

%PM, %28 %745 %2013 %16:%Aug

The Legality of Storage Wars Canada

Written by

This Thursday is the premiere of Storage Wars Canada, the newest of the raft of storage type auction shows.  This one tracks a group of auction hunters around Ontario, apparently following the formula from previous incarnations of Storage Wars. Given that the laws surrounding the sale of storage units in Ontario can be somewhat complex, how does the show stack up against Ontario laws?

%AM, %25 %208 %2013 %04:%Mar

The Basics About Interpreting Contracts

Written by

When you sign a contract, the idea is that you've put your relationship with another person in writing so that you don't have to argue later on about what you really meant.  Of course, contracts are not always clear, and even where they are clear, the parties may not have really meant to say what they said.  So an age-old issue that the courts have to deal with is when you can look behind the written contract to find out what the parties really meant.  And a more recent issue that the courts have been working through in the past decade or so is whether (and when) a party must act in good faith to not only meet the strict language of the contract, but also to give effect to the underlying understanding between the parties.

%PM, %11 %839 %2013 %19:%Mar

Holding a Grudge, Litigation Style

Written by

I've blogged about vexatious litigants in the past.  Some vexatious litigants have bursts of energy, and file multiple claims in a short time.  Some vexatious litigants are in it for the long haul, and have one issue that they pursue doggedly for years and years.  A recently declared vexatious litigant in the case of Burton v. Assaf, 2013 ONSC 1392 may have set the record in the latter category.

 


Warning: Illegal string offset 'active' in /home2/wiffenla/public_html/website/templates/wiffenlaw/html/pagination.php on line 90

Warning: Illegal string offset 'active' in /home2/wiffenla/public_html/website/templates/wiffenlaw/html/pagination.php on line 96

Warning: Illegal string offset 'active' in /home2/wiffenla/public_html/website/templates/wiffenlaw/html/pagination.php on line 90

Warning: Illegal string offset 'active' in /home2/wiffenla/public_html/website/templates/wiffenlaw/html/pagination.php on line 96

Warning: Illegal string offset 'active' in /home2/wiffenla/public_html/website/templates/wiffenlaw/html/pagination.php on line 90

Warning: Illegal string offset 'active' in /home2/wiffenla/public_html/website/templates/wiffenlaw/html/pagination.php on line 96

Warning: Illegal string offset 'active' in /home2/wiffenla/public_html/website/templates/wiffenlaw/html/pagination.php on line 90

Warning: Illegal string offset 'active' in /home2/wiffenla/public_html/website/templates/wiffenlaw/html/pagination.php on line 96

Warning: Illegal string offset 'active' in /home2/wiffenla/public_html/website/templates/wiffenlaw/html/pagination.php on line 90

Warning: Illegal string offset 'active' in /home2/wiffenla/public_html/website/templates/wiffenlaw/html/pagination.php on line 96

Warning: Illegal string offset 'active' in /home2/wiffenla/public_html/website/templates/wiffenlaw/html/pagination.php on line 90

Warning: Illegal string offset 'active' in /home2/wiffenla/public_html/website/templates/wiffenlaw/html/pagination.php on line 96

Warning: Illegal string offset 'active' in /home2/wiffenla/public_html/website/templates/wiffenlaw/html/pagination.php on line 90

Warning: Illegal string offset 'active' in /home2/wiffenla/public_html/website/templates/wiffenlaw/html/pagination.php on line 96

Warning: Illegal string offset 'active' in /home2/wiffenla/public_html/website/templates/wiffenlaw/html/pagination.php on line 90

Warning: Illegal string offset 'active' in /home2/wiffenla/public_html/website/templates/wiffenlaw/html/pagination.php on line 96
Page 1 of 4