Monthly Archives: July 2016

The Summary Hearing process under the Ontario Human Rights Code

The summary hearing process under the Ontario Human Rights Code (the “Code”) is described in Rule 19A of the Tribunal’s Rules of Procedure as well as the Tribunal’s Practice Direction on Summary Hearing Requests. The purpose of the summary hearing … Continue reading

Defamation

A publication which tends to lower a person in the estimation of right thinking members of society or to expose a person to hatred, contempt or ridicule is defamatory. What is defamatory may be determined from the ordinary meaning of … Continue reading

Solicitor-Client Privilege and Inadvertent disclosure

Communications between a lawyer and his or her client are privileged where they involve the giving or seeking of legal advice and where the parties intend them to be confidential. The client, not the lawyer, holds the privilege and only … Continue reading

The lawyer’s duty of Courtesy and Civility

It is common ground that the concept of “civility” ,as it applies to lawyers, is not easily defined. While the meaning of civility for lawyers may be difficult to articulate with specificity, its significance to the proper functioning of our … Continue reading

Confidential Informant Privilege

Confidential Informant Privilege is a class privilege. The rule is of fundamental importance to the workings of the criminal justice system. This privilege is of such importance that, once established, a court is not entitled to balance the benefit that … Continue reading