Category Civil Litigation

Paralegal Karen Fair

Hide & Seek: When Surveillance Video Must be Disclosed

Paralegal Karen Fair summarizes a case that examines the issue of surveillance video disclosure. In Arsenault-Armstrong v. Burke et al, 2013 ONSC 4353, the plaintiff in a personal injury case brought a motion for an order to compel the defendant to produce information on observations made during surveillance of the plaintiff. Justice P.B. Hambly found […]

Legal Word of the Day: “Reasonable Apprehension of Bias”

“Reasonable Apprehension of Bias” — A reasonable apprehension of bias is the standard by which a judge or decision maker can be removed. Bias is a predisposition to rule in favour of one side to the detriment of the other. The bias can be real or perceived. Justice de Grandpré explained the test for reasonable […]

It May Be ‘Equitable,’ But Is It Fair?

New SCOPE Contributor Shawn Gallimore is a lawyer in New Brunswick. He is interested in Ontario’s paralegal licensing scheme and small claims practice. Gallimore takes a look at a sometimes confusing and seemingly unfair element of small claims matters.   So, the judge in your client’s case made an award based on reasons other than […]

Legal Word of the Day: “Limitation Period”

Limitation Period — Time limit on initiating an action, claim or complaint. The action may be related to remedy an injury, loss or damage from an act or omission. In Ontario, these time limits are set out in the Limitations Act, 2002. It came into force in 2004 and was amended in 2006 to permit […]

Legal Word of the Day: ‘Non Est factum’

“Non est factum” — Literally, “it is not his deed,” or “the document did not follow his hand.” This is a defence in contract law. A contract can be voided if a person who signed it can show he did so in error, as a result of misrepresentation and while mistaken as to its nature […]

To Err is Human; to Recover Losses is Legal

Paralegal SCOPE contributor Scott McEachern is an Oshawa-area paralegal who works primarily in small claims. In this article, Scott explains legal concepts involved in faulty workmanship claims, including what to ask for, when and from whom. Faulty workmanship happens. Constructors, mechanics, technicians, and others who are paid to build, assemble, install, fix, or repair things […]

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