First…….let’s Kill All The Lawyers  Shakespeare, Henry VI

"First…….let’s Kill All The Lawyers” Shakespeare, Henry VI

Author: Ruth Roberts

My favorite fictional character, and professional role model, Rumpole of the Bailey, was notorious for quoting at length from Shakespeare, and the classics. It is often a guilty pleasure of mine. How better to express all the grandeur and tragedy and nuance of humanity, than through the golden eloquence of some of the greatest writers of all time? They were able to distill overwhelming events into understandable and manageable paragraphs; they were able to poignantly sum up human emotion, so it became somehow contained. And so, in these times that have so tried our souls, the words of the Bard are more needed than ever.

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Self-representation, Access To Justice & The CFA

Self-Representation, Access To Justice & The CFA

Author: Fatema Tokhy

One of the toughest questions for some individuals is whether they should hire a lawyer or advocate on their own. Reasons cited for opting to self-represent include unable to afford the legal fees of a lawyer, dissatisfaction with a former/current counsel and/or inaccessibility. Whatever the justification, how does the Court treat self-represented litigants (“SRL”)? Are they crowned as martyrs or do they attract the wrath of the Judges?

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Injured by a negligent driver? What you need to know.

Injured by a negligent driver? What you need to know.

In Ontario, we have the Superior Court of Justice that hears all types of cases. One of the most common cases in the Superior Court of Justice involve injuries suffered by innocent people by negligent and careless drivers. However, when an innocently injured person seeks to be compensated for what was negligently taken from them, they are in for a shock. In Ontario, if a negligent driver causes a serious injury to an innocent person and that injured person cannot return to work, the law limits the injured person’s loss of income to just 70% of their income losses before the case gets to trial.

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Bicycle Safety and Contributory Negligence

Bicycle Safety and Contributory Negligence

Author: Ryan Alkenbrack

As a regular cyclist, a topic that I like to revisit as we approach the end of winter and the start of spring (hopefully sooner than later) is bicycle safety. Common sense tells us that wearing a helmet can significantly reduce the risk of injury or death for bicyclists if they are involved in a crash. Many studies have shown the reality of how significantly helmets reduce the risk of injury to cyclists.

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Criminal Record Suspension

Criminal Record Suspension

As of January 1, 2022, the fee to apply for a criminal record suspension has been reduced from $657.77 to $50. If you or someone you know has wanted to apply for a record suspension but has been putting it off because of the cost, now would be a great time to apply! If you or someone you know has a criminal record but is not familiar with the record suspension process, read on for a quick summary.

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Ruth Roberts

February 2022

On a sunny, cold and sparkling February day, twenty-three years ago, I stepped onto the stage at Roy Thompson Hall – and into my future as a criminal defence lawyer. It was a future that ten years before I could not have imagined, but life has a way of taking us to the places we need to be.

How I came to law as a mature student is a story for another time. But I was incredibly fortunate to be accepted into Osgoode Hall Law School. In Life Before Law School I had been deeply involved in community activism, speaking out for people in my community, and advocating for services for disadvantaged people. So perhaps it’s not surprising that in second year law school criminal law sidled up to me with the smile of a guileless child, and tapped me on the shoulder and said “you are mine!” And so I was, and so I am.

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Empty seats in a civil jury box in a courthouse

Now Is The Time To Eliminate Civil Jury Trials For Most Personal Injury Cases: A Call For Change.

As I write this, Ontario is in the midst of a third wave of the Covid-19 virus – this time with more contagious variants that are infecting younger people. Ontario is working on getting vaccines into arms but this takes time and vaccines. On April 7, 2021, the Ontario Government declared a third state of emergency and a Stay-At-Home order along with strict lockdown restrictions.

What does this have to do with civil jury trials?

Over the past 14 months, NO civil jury trials have taken place. I personally had one civil jury trial cancelled due to the pandemic. Many, if not most, personal injury lawyers are in the same boat – civil jury trials being cancelled. This is not fair to our clients who have been waiting years to get their cases resolved. Over the time of the pandemic, our court administration has worked very hard to bring the court process into the 21st century and we now have the ability to conduct virtual civil trials. But. there's a catch. These virtual civil trials involve only a judge.

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A calendar and hourglass with blue sand indicating time running out.

What Is A Limitation Period And What Does It Mean For Civil Claims In Ontario?

Most people are familiar with the term "statute of limitations", but what does it mean? The concept is that after a certain period of time following an event, incident, breach of contract, medical malpractice, injury, accident or collision there is a limited period of time within which a person can bring a legal claim. Civil claims are provincial matters. In Ontario, the deadline to bring a legal action is governed by the Limitations Act, 2002. The basic limitation period in Ontario is two years. This means that a person must file a claim with the civil court within 2 years of the event.

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Broken cement illustrating the broken auto insurance system in Ontario

Auto Insurance In Ontario: A Broken System.

Two stories in the news last week highlight the broken nature of the automobile insurance system in Ontario.

The first story was about Intact Financial, the second largest provider of auto insurance in Ontario. Intact Financial reported an increase in operating income for Q4 in 2020 of 54 percent. This translates to a rise in operating income to the tune of $467 million. For the entire year of 2020, Intact reported profits of more than $1 billion – that is with a “B” as in billion.

That is a lot of money.

I have no problem with a business making money. The problem I have is how auto insurers, like Intact, treat those that are injured in car crashes and how the insurance industry cries poor to the government forcing them to slash benefits and impose limitations on those innocently injured in car collisions.

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