The Ontario Court of Appeal has recently held that, in certain circumstances, contracting parties owe a duty of good faith to one another and, further, that an “entire agreement” clause will not preclude the implication of a duty of good faith as a term of a contract.

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A recent Ontario Superior Court decision serves as a strong reminder that counsel should ensure that their expert witness is in fact an expert and not merely an advocate dressed up as an expert.

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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.’

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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…

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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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