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Author Archive for Meredith Hayward

Foundations of Effective Cross-Examination

September 12th, 2006 | By Meredith Hayward | Posted in Commercial Litigation

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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Mediation Confidentiality Preserved: Rudd v. Trossacs Investments

May 25th, 2006 | By Meredith Hayward | Posted in Arbitration, Commercial Litigation, Mediation and other Alternative Dispute Resolution

Mediators breathed a collective sigh of relief when the Ontario Divisional Court upheld the confidentiality of mediations by refusing to compel a mediator to testify about communications between parties at a mediation. Rudd v. Trossacs Investments

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A Tale of a Faithless Fiduciary

April 6th, 2005 | By Meredith Hayward | Posted in Commercial Litigation, Professional Negligence and Discipline Hearings

3444920 Canada Inc. v. Strother , 2005 BCCA 35[1] A recent decision of the B.C. Court of Appeal has hit a senior Vancouver lawyer, and possibly his firm, with a judgment worth more than $30 Million as a result of the lawyer’s breach of fiduciary duty to a client. The lawyer is Robert Strother, formerly [...]

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Mediation Confidentiality At Risk?

April 6th, 2005 | By Meredith Hayward | Posted in Commercial Litigation

Rudd v. Trossacs Investments Inc. [1] Last July, Justice Lederman of the Ontario Superior Court of Justice surprised many in making an exception to mediation confidentiality by ordering a mediator to be examined as a witness on a pending motion. Recently, the Divisional Court has granted leave to appeal Lederman J.’s ground-breaking decision in Rudd [...]

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