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Inadvertent disclosure and improper use of privileged communications
Thursday, August 4, 2022Stephen A. Thiele, Gavin J. Tighe, James R.G. CookLitigationRules of Professional Conduct
In our digital world, virtually everyone has made the mistake of hitting send on an email or text that they wish they could take back either because of...
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Lawyer who was consulted by another lawyer disqualified from acting against other lawyer
Thursday, June 2, 2022Stephen A. Thiele, James R.G. Cook, Kevin MooibroekLitigationRules of Professional Conduct
In general, lawyers are not allowed to act on matters where they have a conflict of interest. To do so is contrary to the common law and the Rules of...
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Duty of professionals to respond promptly and cooperatively with regulators
Wednesday, May 26, 2021James R.G. CookLitigationRules of Professional Conduct, Ontario Court of Appeal , Law Society of Ontario
The Ontario Court of Appeal has confirmed that professionals have a duty to cooperate promptly and fully with their regulator during the course of...
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Professional negligence claim dismissed against lawyer despite conflict of interest and breach of the standard of care
Thursday, May 20, 2021James R.G. CookLitigationRules of Professional Conduct, Breach of the Standard of Care
“There is no such thing as negligence in the abstract,” notes Regional Senior Justice Calum MacLeod in Maisonneuve v. Langlois,...
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Court grapples with fake electronic evidence and Zoom imposter witness
Tuesday, March 9, 2021James R.G. CookLitigationRules of Professional Conduct, Ontario Evidence Act, Evidence, Zoom
As we discussed in a recent blog, technological advances have resulted in a digital revolution in the justice system, but these same...
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Legal research and the duty to disclose relevant law
Monday, December 21, 2020Stephen A. ThieleLitigationDisciplinary Hearing, Rules of Professional Conduct, Research, Ethics, Law Society of Ontario, Legal Research
Legal research is important. In general, every legal issue requires some form of legal research because each legal issue is informed either by...
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A Litigation Update: The Small Claims Court and Short Motions or Applications
Tuesday, June 9, 2020Gavin J. TigheLitigationSmall Claims Court, Rules of Professional Conduct, Short Motions
As we near the three month anniversary date of Ontario’s state of emergency, our court system continues to re-emerge from its suspension and to evolve.
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