CONTRIBUTORS: MEREDITH HAYWARD, KENNETH DEKKER, PAUL EMERSON, KYLE PETERSON,AND ADAM WYGODNY SUPREME COURT OF CANADA CONFIRMS LITIGATION PRIVILEGE OF LIMITED DURATION In its first review of the lifespan of litigation privilege, the Supreme Court of Canada has recently ruled that, unlike solicitor-client privilege, it “expires with the litigation of which it was born.” … and [...]

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In the public sector, fraud prevention begins with understanding the main types of fraud that occur, including: a) contracting/procurement fraud; b) claims/benefits fraud; and c) corruption/influence peddling. It is important to have in place mechanisms to both prevent and minimize the risk of fraud and to monitor and investigate situations in which fraud might be occurring.

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This past summer, Ontario’s highest court made it clear that contracting parties who choose a particular nation’s courts for the litigation of their disputes will almost always be held to their choice – even where that forum may not conform to the traditional Canadian concepts of democracy and fairness.

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Prima facie all covenants in restraint of trade are illegal and therefore unenforceable. Recently, this pillar of the law of contract has been given a new, albeit off-putting, coat of paint.

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Cross-examination is an invaluable tool at trial. The ultimate challenge for a trial lawyer is to extract information from the opponent’s witnesses to support their client’s case and/or undermine the credibility of the opponent’s position. While no substitute exists for experience I have tried to outline some practical guidelines to assist those who are developing their own style and techniques.

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