1267: Costs Are Born ... and Borne (A History of Costs)

All bad things have a start in time.

last updated Wednesday, November 02, 2011

Affidavits: The How To Guide

Affidavits, aka sworn statement or written depositions, are the more frequent type of evidence used by our courts. But preparing affidavits is an art, not a science. Proceed with caution (and read this article).

last updated Monday, October 31, 2011

Alternative Dispute Resolution (ADR) Law Dictionary

There is no place in the world where UNCITRAL rolls off the tongue as sweetly as in this delightful (and self-described) glossary of all things ADR.

last updated Thursday, October 08, 2009

Alternative Dispute Resolution (ADR): An Introduction

A good looking military acronym? Nope.Alternative dispute resolution; an outside-of-the-Court method of resolving a disagreement or a dispute between two or more persons.Prematurely announced as the saviour of a slow and out-of-touch Court system, ADR has instead entered the backdoor and is now firmly entrenched as a mainstay of modern judicial systems.

last updated Thursday, February 12, 2009

Appeals and Courts of Appeal

If you thought sitting ten feet below one judge dressed in funeral black was scary, wait until you try it with three judges! But Courts of Appeal are well-intentioned and usually deliver the best justice in the province. The problem is ... well, read the article!

last updated Wednesday, November 09, 2011

Contempt of Court: A Contemnor's Guide to the Legal Universe

To contempt or not to contempt: there ought not to be such a question.

last updated Wednesday, November 02, 2011

Contempt Of Court: Greatest Hits

Contempt of court is a deadly serious matter. Why anybody would risk a fine, jail time or, err, their right hand messing with a judge surrounded by armed sheriffs is beyond us. But if there are people crazy enough to play with fire, we'll be there pen a 'ready!

last updated Wednesday, November 02, 2011

Court Jurisdiction and Proceedings Transfer Act and the Enforcement of Canadian Judgments Act: Statute Imposes Order in the Common Law's Ancient Conflict of Laws Rules

Awkward, imperfect uniform laws try to impose some order in the ancient, unpredictable and complex common law rules for resolving conflict of laws issues, so very real in today's reality of ubiquitous international trade and movement of people.

last updated Sunday, February 05, 2012

Court Jurisdiction and Proceedings Transfer Act and the Enforcement of Canadian Judgments Act: Statute Imposes Order in the Common Law's Ancient Conflict of Laws Rules - PART 2

Part 2 of 2: Awkward, imperfect uniform laws try to impose some order in the ancient, unpredictable and complex common law rules for resolving conflict of laws issues, so very real in today's reality of ubiquitous international trade and movement of people.

last updated Sunday, February 05, 2012

Cross-Examination on an Affidavit: Chambers On Trial

The availability of cross-examining an affiant on his/her affidavit can be an invaluable tool in challenging or bringing some credibility to the inherent evidentiary weakness of an affidavit.

last updated Monday, February 14, 2011

Delay in Reasons for Judgment: Justice Delayed is Justice Denied

Delay by a judge in issuing reasons for judgment can kill the fledging soul of justice as it seeks to assert itself in a case brought before a court of law, despite the best of submissions.

last updated Wednesday, November 02, 2011

Document Discovery in Chambers Matters: Aggravation Litigation

Document discovery in Chambers proceedings, or otherwise when the evidence is presented by affidavit, is a challenge; a dog's breakfast of court rules and inherent jurisdiction.

last updated Wednesday, November 02, 2011

Examinations for Discovery – Taming the Beast

An examination for discovery (aka a deposition), is often a litigant's only pre-trial kick at the can to determine the strengths and weaknesses of the other litigant’s case. Use it or lose it. This article examines the in’s and out’s, how to survive them and put your best foot forward.

last updated Wednesday, November 02, 2011

How Not To Manage a Bankruptcy or Income Tax Case

Why shoot yourself in the foot before you're even out of the gate?

last updated Wednesday, January 18, 2012

Judge Dies or Falls Seriously Ill During Trial - Oh! Oh!

When judges die or become seriously ill before the end of a hearing, it can negate the trial unless ....

last updated Wednesday, November 02, 2011

Judicial Review: A Primer

More litigants feel the brunt of administrative law than any kind of law. That’s because admin law, as the lawyers call it, includes all the little tribunals that run amuck like little courts, with pretty much no appeal rights ... except judicial review, which, until recently, was an oxymoron. Now it’s ... well, still an oxymoron!

last updated Sunday, October 18, 2009

Legal Aid in British Columbia

Legal aid: when the government subsidizes legal services for individual litigants in restricted areas such as where liberty is at risk (criminal law), family law and human rights.

last updated Saturday, October 15, 2011

Media and Litigation: Sub Judice in the New Millennium

Talking to the media when your case is before the court may prove penny wise but pound foolish ... or fatal.

last updated Wednesday, November 02, 2011

Mediation: Lawyer Secrets

Mediation can work but unless it’s free ... or especially if it’s free! - participants must be alive to the pitfalls and opportunities presented.

last updated Wednesday, November 02, 2011

Model Law on International Commercial Arbitration (UNCITRAL)

A UN Treaty which standardizes domestic arbitration rules and administrations of various states so as to promote international trade.

last updated Wednesday, January 18, 2012

Small Claims - British Columbia

Small claims is an simplified procedure for courts to hear and decide cases in which the property or rights at issue are relatively low. It's a world onto its own so best be aware!

last updated Sunday, March 22, 2009

Summary Trial

Summary trial is now all the fashion in Canadian courthouses, allowing litigants to submit their dispute to judgment by way of written sworn evidence such as affidavits. Not all cases lend themselves to summary trial and even when the subject matter appears appropriate, other factors may argue against a trial other than by witnesses and documents being assessed under oath and in open court.

last updated Monday, November 07, 2011

The Supreme Court of British Columbia

BC's highest Court can move like molasses but much depends on the cook. Find out "the recipes" herein.

last updated Tuesday, October 11, 2011

Testifying: How To Give Evidence.

How to give evidence, testify in court: your need-to-know primer.

last updated Thursday, November 10, 2011

The Canadian Guide to Enforcing Your Judgment

You just can't find an honest well-intentioned judgment debtor nowadays. It seems that whatever bug bit them to not honour whatever legal obligation on which you obtained an order against them, keeps on ticking because - go figure! - now they won't pay the judgment! What do you do? This area of the law is particularly complex so the first thing to do is ... read this article!

last updated Wednesday, November 02, 2011

The Defamation Claim: Exacting Drafting

A plain language primer on drafting a defamation claim.

last updated Wednesday, November 02, 2011

The Law of Costs: Justice's Boogeyman

Costs serve two purposes. One is to award the victor at trial. But let's be honest: the other purpose is that of the lawyer: to bandy the threat of it to intimidate the other side at every step of trial preparation.

last updated Wednesday, November 02, 2011

The Lawyer Witness: Dr. Jekyll and Mr. Hyde

Though calling it indecent, the courts will not declare zero-tolerance against the rare but audacious lawyer who proposes to be a witness in his or her own case.

last updated Wednesday, November 02, 2011

The Unrepresented Party's Survival Guide to Trial

The self-represented, aka, lay litigant's survival guide to trial. Don't leave home without it.

last updated Wednesday, November 02, 2011