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This paper reviews the rules and legal principles governing the right to cross-examine in the context of a civil motion or application governed by the Ontario Rules of Civil Procedure. It does not consider Family Law Act proceedings, which are governed by the Family Law Rules, or proceedings under the Bankruptcy and Insolvency Act, which are governed by the Bankruptcy and Insolvency General Rules. Following this, the law on the scope of cross-examination is summarized. The final section deals with other sub-topics related to cross-examination such as so-called “sweetheart cross-examinations” where the court will not permit cross-examination of parties who are aligned in interest or are non-adversarial amongst each other and the test for leave to file further affidavit evidence following cross-examination.
This paper is a companion to the talk I am giving at the Spring Civil Litigation Seminar presented by the Halton County Law Association on June 25, 2019.
Last year was another interesting year in employment law. What follow are summaries of five cases that interested me in the past year.
These cases touch on some foundational issues of employment law such as enforceability of releases, interpretation of termination provisions in employment contracts, frustration of contract due to disability, enforceability of arbitration/forum provisions for nominal independent contractors and, of course in 2018, marijuana.
I hope you enjoy learning about these recent developments in this area of the law.
This presentation will discuss five significant employment-related cases from 2018.
Christopher Bergs has his Bachelor of Commerce Honours Degree from McMaster University (2004) and his Juris Doctorate from the University of Toronto Faculty of Law (2007).
He has been practising exclusively in the area of employment and labour law since 2008 and is well-versed in the legal issues affecting today’s Ontario workplace. He is the founder of Bergs Law in Burlington, Ontario.
Chris works closely with employers to help them manage their employees in a way that achieves business objectives while avoiding legal problems. If issues do become contentious, Chris is a creative negotiator and a tireless advocate.
Individual employees also regularly seek out Chris’ advice and representation in dealing with terminations and other employment issues for which they require assistance.
Dermot P. Nolan was called to the bar in 1975. He is a graduate of McMaster University and the University of Ottawa. He has served as president of the Ontario Trial Lawyers’ Association, the Hamilton Law Association and the Hamilton Medical Legal Society. He has been certified by the Law Society as a Specialist in Civil Litigation since 1990 and practices with emphasis on corporate, commercial & estate litigation and personal injury & insurance litigation.
He has been recognized by his peers for inclusion in the Best Lawyers in Canada™ directory (in the fields of Personal Injury litigation and Corporate & Commercial litigation) and as the Lawyer of the Year for 2019 in Corporate & Commercial litigation. In 2000, he received the Emilius Irving award, the highest honour of the Hamilton Law Association and in 2018, he received its Ed Orzel award for excellence in trial advocacy. Since 2014, he has served as a deputy judge of the Ontario Superior Court of Justice (Small Claims Court).
He spearheaded the initiative which led to the consolidation of Hamilton’s courts in the John Sopinka Courthouse and was instrumental in the establishment of the Lawyers’ Legacy for Children (an endowment fund of the Hamilton Community Foundation). He continues to serve on its Advisory Committee.
Before entering law school, he was a professional actor with the Stratford Shakespearean Festival and he has continued to participate in theatre as an actor and director with the Hamilton Lawyers’ Shows. He is also a playwright and an accredited member of the Playwrights’ Guild of Canada.
Bart Sarsh is lawyer at SIMPSONWIGLE LAW and is a member of the litigation and bankruptcy/insolvency practice groups.
As a member of the bankruptcy/insolvency practice group, Bart provides strategic advice and representation to institutional lender clients such as banks and credit unions as well as private corporations on all aspects of recovery for secured and unsecured loans. Bart also acts for licensed insolvency trustees, debtors, and other stakeholders in the insolvency and restructuring process. This involves the management of litigation and providing legal opinions on risk management and asset preservation strategies.
As a member of the litigation practice group, Bart’s focus is on commercial and business disputes between shareholders and partners, enforcement of commercial leases, disputes about the sale of commercial and residential property, and enforcement of contracts and other rights through court injunctions.
His clients are encouraged to take an active role in planning and strategizing through the course of the lawyer-client relationship. Technology plays an important role in this because and he is vigilant about using new tools and resources to deliver legal services in an efficient and cost-effective manner.
Details are important to Bart, but so too is an overall strategy that fulfills his clients’ needs and expectations. He collaborates with other lawyers within and outside of the firm to maximize the likelihood of achieving his clients’ intended outcome.
Bart is a trusted legal resource to other lawyers on bankruptcy and insolvency matters. Other lawyers routinely refer their own clients to him for advice and representation.
*see individual programs and jurisidictional allowances for accredited hours/requirements for Canadian law societies.
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*see individual programs and jurisidictional allowances for accredited hours/requirements for Canadian law societies.