For all its strengths, our adversary system has its shortcomings. Since the parties control the presentation of their case, if a fact or law is not in a party’s interest to bring up, the judge may never hear of it, however relevant it may be.
To overcome this shortcoming, the court can, in exceptional circumstances, summon the assistance of an amicus curiae. The purpose of an amicus curiae, Latin for “friend of the court,” is to inform and advise the judge of factual or legal matters that might otherwise escape consideration, so as to minimize the risk of error in judgment.
Amicus Curiae: Friend of the Court…to Befriend the Crown?
The Advocates’ Journal, Spring 2018
Like American politics, the legal profession has suffered a decline in civility. In the heat of a hard-fought trial, “my friend” is treated more like a foe. Words traded verge on the rude and crude. Unlike politicians, lawyers are bound, as a matter of professional obligation, to be courteous and civil. At the same time, they are obliged to advocate their clients’ causes with zeal.
Treating “My Friend” Like My Foe: Incivility in the Courtroom
The Advocate – July 4, 2017
An evidence revolution has been afoot for some years with the gradual ascendancy of a
principled approach to admissibility in favour of the traditional rules-and-exceptions approach.
Marking the latest milestone in the revolution is the new analytical framework for admitting
prior consistent statements articulated by Justice David Doherty in R. v. Khan.
Revamping the Law of Prior Consistent Statements: R. v. Khan
Toronto Law Journal – May 2017
Charitable giving has a long and honourable tradition, as the names of many university buildings and hospital wings attest. Ryerson’s Ted Rogers School of Management is a tribute to its namesake, whose family has donated over $27 million to the university. Earlier this year, the main campus of Toronto Ease General was rechristened Michael Garron Hospital after the Garrons donated $50 million.
Charitable pledges: Are they enforceable?
The Lawyer’s Daily – May 23, 2017
Over a century ago, without his knowing it, legendary jurist Oliver Wendell Holmes spawned the case for judicial diversity in ten words: “the life of the law is not logic, but experience.” Bursting from these words is a truth we have known all along. Legal issues often pose uneasy choices. In choosing whose stories to believe and which principles to prioritize, a judge draws on not only legal precedents, but also personal experiences, values and beliefs.
Dismantling the Roadblocks to Judicial Diversity
Slaw – February 21, 2017
It was meant to be an opportunity to clear the air, but the Supreme Court of Canada’s decision in Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., 2016 SCC 37 only added to the humidity when it comes to the standard of review in contractual interpretation cases.
Ledcor is Unlikely to Settle the Dust
Law Times – November 14, 2016
On June 6, 2016, Justice Veale approved the settlement agreement entered into between the class representatives and Bell Mobility Inc., and approved Class Counsel’s fees. Please read the Notice of Court Approval of Settlement in Anderson et al. v. Bell Mobility Inc. below as your rights may be affected. Please also read Justice Veale’s Order dated June 6, 2016, which can be found below.
Notice of Court Approval of Settlement
Justice Veale’s Order
The class representatives and Bell Mobility Inc. entered into Minutes of Settlement dated April 27, 2016. The Minutes of Settlement can be viewed below.
Minutes of Settlement
‘You’ve done a great service to Northerners to bring this matter forward,’ judge tells plaintiffs
CBC News Posted: Jun 06, 2016
An N.W.T. judge has approved a $1 million settlement in a class action lawsuit against Bell Mobility for billing Northern customers for a 911 service that doesn’t exist.
CBC News article
One in three adolescent students in Canada have been bullied recently. Physical fighting has increased since 2002, with 21 per cent of grade six boys reported participating in a fight in the past 12 months back then, compared with 24 per cent in 2010. With the growing popularity of social media, cyber-bullying has also been on the rise.
Court Examines Duty to Defend Parents of Alleged Bully
The Lawyers Weekly – March 25, 2016