Tag Archives: Karen Fair

Paralegal Karen Fair

No Breach of Duty — Only ‘Second Thoughts’

Paralegal Karen Fair summarizes Doerr v Paralegal, in which a plaintiff sued the paralegal she hired to sue another paralegal. In this decision, Deputy Judge Glenn C. Walker found that a paralegal did not breach his duty of care and did not use duress in having his client sign Minutes of Settlement. The plaintiff, Ms. […]

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: “Evidentiary Burden”

“Evidentiary Burden” — Over the course of a hearing or trial, two burdens must be satisfied: the evidentiary burden, and the legal or persuasive burden. The evidentiary burden refers to a party’s obligation to put forward some evidence for a fact or issue that warrants consideration by the trier of fact. This burden may shift […]

Canada Evidence Act – s. 31 Does Not Stand Alone

Paralegal Karen Fair summarizes a recent Ontario Court of Justice decision that considers whether and for what purpose electronic evidence may be admitted. In R. v. Mondor, 2014 ONCJ 135, Justice Mara Greene determines whether section 31 of the Canada Evidence Act allows the admission of electronic evidence for truth of its contents without complying […]

Summary or Indictment? It Matters!

Paralegal Candidate Karen Fair summarizes a recent appeal, in which a matter was sent back to Ontario Court of Justice, over a jurisdictional issue. A recent Ontario Court of Appeal decision considers the jurisdictional differences between the Superior Court of Justice and the Ontario Court of Justice when it comes to criminal summary conviction proceedings. […]

Legal Word of the Day: “Jurisdiction”

“Jurisdiction” – Specific right, power or authority given to an adjudicator, to decide a legal matter.   Jurisdiction is an integral part of the justice system. If an adjudicator makes a decision outside the jurisdiction for the matter, that “jurisdictional deficit” means the decision is subject to appeal or review. There are limits to adjudicative […]

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