Last blog added on Friday, May 18th, 2012

Information About Toronto Trial Lawyer’s Blog

Recent Posts

Below is a preview of the five most recent posts from the blog Toronto Trial Lawyer’s Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

But For
April 30th, 2010

Establishing causation of an injury can be a difficult task. The courts traditionally apply what has come to be known as the “but for” test: causation is established if the injury would not have occurred but for the event in question. The problem can be especially difficult in cases of psychiatr... Read more »

Costs in Estate Litigation Matters
April 30th, 2010

Justice David Brown of the Ontario Superior Court of Justice is a careful and thoughtful jurist. Since his appointment as Administrative Judge in charge of the Toronto Estates List, he has been confronted with a number of contentious and difficult cases in this highly charged area of civil litigatio... Read more »

Videotaping Defence Medical Examinations
April 29th, 2010

In cases involving personal injuries in Ontario, defendants are given a virtually automatic right to have the plaintiff examined by a health practitioner. Section 105(2) of the Courts of Justice Act provides that “Where the physical or mental condition of a party to a proceeding is in question, th... Read more »

Stay of Proceedings
April 29th, 2010

“Innocent until proven guilty” is a golden thread running through our criminal justice system. The detention of an accused person before trial runs counter to this principle but can be justified for serious offences where the defendant presents a danger to the public or where there is a real ris... Read more »

Wilful Blindness
April 9th, 2010

Liability for criminal conduct requires an intent to cause harm. An important question in criminal law is the degree to which lesser states than actual knowledge can form the basis for a criminal conviction. In the decision of the Supreme Court of Canada in R. v. Briscoe, 2010 SCC 13 released today,... Read more »

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