What you need in a litigation lawyer is a problem-solver more than a litigation-cost producer. Cost containment and getting to the finish line are the two most important elements in every litigation.
The lawyer is brought in because the problem can no longer be handled without a lawyer. So you and I have to make a number of immediate decisions on go-forward strategy.
Making an offer to settle immediately, even if it is your low-ball position, starts the cost containment process.
Deciding what litigation measure to take is the place where most litigation becomes a ridiculous cost-prohibitive exercise where the client is usually left without enough money to proceed part-way through the process.
This is where my experience, particularly my experience, in foreseeing how litigation steps actually turn out in practice, (as opposed to theory), becomes your best friend.
There are usually several ways to get to a desired result. There are usually several ways of managing a litigation problem even when getting the desired result is impossible or impractical. Experience is not just an advertising word. You will figure this out quickly with a phone call.
Below are a selection of my commentaries on recent important Ontario civil litigation cases. They will give you a feeling for how I think about legal problems.
Call me for a free discussion (613-709-0795)
edward@ecconway.com
here are some commentaries that i have written in recent cases:
contract interpretation: when are ‘surrounding circumstances’ admissible? (ONCA)
contract interpretation: is non-payment of proper interest a fundamental breach?
Rule 61.04(1): when does the appeal clock start?
partial summary judgment: construction lien situations where it does work and why
partial summary judgment: construction lien situations
negligent misrepresentation (pre-contract): construing the entire agreement clause
relief from forfeiture: is the real estate deposit non-refundable? (ONCA)
duty to defend: can I use a contested expert report in my duty to defend motion? (ONCA: NO!)
negligent misrepresentation: what is an ‘undertaking’? what is reliance? (ONCA)
R75.06: what is the procedure when going for directions?
security for costs: what does ‘devoid of merit’ mean in practice? (ONCA)
Negligence: Can you sue when the regulator seizes your meatpacking plant for two years? (ONCA)
Experts: what are the rules about hypothetical questions?
Partial summary judgment: can the issues be bifurcated? (ONCA)
Judicial Notice: what can a judge find as a fact without proof? (ONCA)
Contract interpretation: OREA: failing to give effect to all the words of the contract (ONCA)
Amending the claim: adding breach of duty of good faith (latest ONSC)
Ontario Securities Commission can prosecute conduct taking place in the United States (ONSC)
Making a Notice of Objection to a Will; what must be proved
contempt: what to do when the opposing party obstructs inspection (ONCA)
experts: COVID injunction (NSSC)
experts: latest application of White Burgess (NSCA)
pre-judgment interest: getting compound interest on your judgment (ONCA)
contract interpretation: insurance exclusion clauses: what is ‘corrosion’? (ONCA latest)
contract interpretation: math is the most important rule of interpretation (ONCA)
limitations act: can i wait past 2 years if I’m not sure?
contract interpretation: ‘whole of the contract’ clause (latest ONSC case)
contract interpretation: (is the contract indefinite?): latest ONCA case
extending the closing: does the Tarion Addendum mean that lawyers can’t extend the closing?
privity of contract: latest case
fundamental breach: latest case
Limitiation period: (ONCA) latest case
