Contractor gets undeserved second chance to prove damages

A commercial contractor will get a second kick at the can to prove his damages after a puzzling Ontario Court of Appeal (OCA) decision, says Toronto senior litigation lawyer Jeffrey Silver.

Silver’s case shows witness arrogance can backfire

A dispute over life insurance on a mortgage shows how arrogance on the witness stand can backfire against parties in court, says Toronto senior litigation lawyer Jeffrey Silver..

Get contract revisions in writing to save on litigation costs

A simple email or text message could net huge savings for companies or individuals following revisions to construction contracts, says Toronto senior litigation lawyer Jeffrey C. Silver.

Settlements and releases 101

Parties who take their eye off the ball after agreeing to settle often risk another wave of expensive litigation, Toronto senior litigation lawyer Jeffrey Silver tells AdvocateDaily.com.

Criminal voyeurism decision provides guidance for civil privacy actions

A Supreme Court of Canada (SCC) decision on the crime of voyeurism has important implications for civil privacy actions, Toronto senior litigation lawyer Jeffrey Silver tells AdvocateDaily.com.

Self-reps part 2: how to keep costs down

In the final instalment of a two-part series on self-represented litigants, Toronto senior litigation lawyer Jeffrey Silver discusses practical tips for lawyers acting opposite individuals without legal counsel.

Lawyers, judges owe duties to self-reps

Judges and lawyers have significant obligations to self-represented parties in court, Toronto senior litigation lawyer Jeffrey Silver tells AdvocateDaily.com.

Get it in writing to reduce the risk of litigation

Written contracts can help avoid litigation in trades where verbal agreements are common, Toronto senior litigation lawyer Jeffrey Silver tells AdvocateDaily.com.

Extra default judgment steps exacerbating justice system problems

Judges are adding to the cost and delay of an already overburdened court system by requiring plaintiffs to serve motion records on defendants before judgment, even after they’ve already been noted in default, says Toronto senior litigation lawyer Jeffrey Silver.

Grow-op case highlights dangers of loose contract drafting

An Ontario Court of Appeal (OCA) decision in favour of a seller whose house was once used as a marijuana grow-op is a cautionary tale about the dangers of a loosely drafted contract…

Courts steer clear of religious matters

A Supreme Court of Canada decision shows that courts are reluctant to get involved in religious matters, says Toronto senior litigation lawyer Jeffrey Silver…

Exploring a lawyer’s ethical obligations

Solicitor-client confidentiality is so important that it is rare for that trust to be broken and it is rightly protected by the courts, says Toronto senior litigation lawyer Jeffrey Silver…

Use caution when applying remedy of distress

Remedies are available for landlords pursuing rental arrears from commercial tenants, but they must be applied correctly or the consequences can be costly, Toronto litigator Jeffrey Silver tells AdvocateDaily.com…

Adjudication process will expedite payments in construction sector

The introduction of an interim adjudication process to resolve payment disputes more efficiently is a welcome update to Ontario’s construction laws, Toronto commercial litigator Jeffrey Silver tells The Lawyer’s Daily

Substance trumps style in crafting winning arguments

His first time in court, accompanying a senior colleague who was bringing a motion, Toronto commercial litigator Jeffrey Silver says he got a great lesson in the quality of one’s argument versus the superficial slickness of its delivery

Text messages a ‘discreet form of correspondence:’ SCC

A recent Supreme Court of Canada decision on the privacy of text messages is significant for criminal law, but it’s not expected to have the same impact in a civil context, Toronto commercial litigator Jeffrey Silver tells AdvocateDaily.com…

Sexual misconduct: pros and cons of civil court actions

The #MeToo movement against sexual misconduct and the media attention it’s received could encourage more victims to launch lawsuits to seek justice, but it’s important that they be aware of the pros and cons before bringing an action, says Toronto litigator Jeffrey Silver

Nova Scotia to increase fines, step up enforcement around skilled trades

Nova Scotia is increasing fines and stepping up enforcement measures around the skilled trades in order to ensure a more level playing field in the construction industry…

Case strategy should involve cost-benefit analysis

Lawyers should conduct cost-benefit analyses with clients during litigation after two firms that were trying to recover fees from unsatisfied customers received unfavourable decisions…