Articles
Elements of a Plaintiff's Claim
Rather than detailing a claim in a Form 7A, consider appending a schedule. The judge will have the substance of the claim in a clear, easy-to-read format. Here is a PDF of a sample schedule for a plaintiff's claim. Its elements are described below.
Essential elements of the tort of negligence
The field of negligence is delineated by considerations of whether it is appropriate, or fair, for a duty of care to be imposed. Courts in Ontario have defined and elaborated this duty. This article examines the features of the tort of negligence, and the tests and rules that have developed and refined the tort, by applying them to a hypothetical scenario involving an automobile accident.
Introduction to procedural fairness in administrative law
Procedural fairness is, or should be, a fundamental principle of administrative law, the law that regulates state (in Canada, provincial, territorial and federal) agencies. Procedural fairness requires, at a minimum, that a person be consulted before a final decision that will impact them is made.
LTB Refresher 2024 - tips from practitioners
I joined this year's Landlord and Tenant Board (LTB) Refresher for Lawyers and Paralegals moderated by the knowledgeable and affable Kevin Lundy. Here is an overview of the presentations, which provided useful advice.
Types of Provincial Offences
There are three types of provincial offences: mens rea, strict liability and absolute liability. The type of offence has consequences for both the prosecutor and the defendant. A two-step analysis may be used to identify the type of offence.