Archive for the ‘Uncategorized’ Category

So Long, Farewell

January 29, 2014

Harakiri (1962) DIRECTOR: Masaki Kobayashi

Following my initial reaction, I have had some more time to reflect on the recent decisions of the Supreme Court of Canada in Hryniak v. Mauldin, 2014 SCC 7 and  Bruno Appliance and Furniture, Inc. v. Hryniak2014 SCC 8 [collectively “Hryniak“] and what it means, in the wake of Hryniak, to have a blog called “The Trial Warrior“.

Frankly, I am experiencing severe cognitive dissonance.

I started this blog back on August 10, 2009 with modest objectives: to write about legal topics that interested me and hopefully my readers and to share ideas, arguments and trends with other blawgers.

My subject-matter was, admittedly, esoteric — cutting a wide swath from civil litigation to international law to professionalism and ethics —- but it was the greatest vehicle to participate in the Blawgosphere and meet some great legal minds along the way, some of whom I have had the distinct privilege in meeting in person or talking over the phone. Mind you, the legal blawging community has changed dramatically since I started, as it had in the first wave in the early 2000’s.

I often blogged about trial strategy and tactics, but I noticed, in the last couple of years, fewer and fewer reported trial decisions and appeals. Yes, I am aware of the oft-repeated statistic (anecdotal or apocryphal as it may be) that 95% of civil cases settle or are dismissed before trial. So what about the other 5%? While I continue to have a number of my own cases go to trial, I expect a major seismic event in the the conduct of a trial of an action in the Ontario courts, especially in Toronto.

C’est la vie. C’est la guerre.

What troubles me greatly is not the name of this personal blawg: I could have used a catchier title or theme. This one stuck over the years. I could change the name to “EXTREME HAIL DAMAGE ATTORNEY BLOG ™ ” or “THE HTRATCTTTCATHOUH BLOG ™”.

So what’s my problem, you ask?

Here’s what the Court of Appeal for Ontario said about the purpose of summary judgment and the primacy of the civil trial in Combined Air Mechanical Services Inc. v. Flesch, 2011 ONCA 764 (CanLII) :

[38]         However, we emphasize that the purpose of the new rule is to eliminate unnecessary trials, not to eliminate all trials. The guiding consideration is whether the summary judgment process, in the circumstances of a given case, will provide an appropriate means for effecting a fair and just resolution of the dispute before the court. [emphasis in the original]

Now, compare what the  Supreme Court of Canada’s view in Hryniak v. Mauldin, 2014 SCC 7 :

[2]                              Increasingly, there is recognition that a culture shift is required in order to create an environment promoting timely and affordable access to the civil justice system.  This shift entails simplifying pre-trial procedures and moving the emphasis away from the conventional trial in favour of proportional procedures tailored to the needs of the particular case.  The balance between procedure and access struck by our justice system must come to reflect modern reality and recognize that new models of adjudication can be fair and just. [emphasis added]

Thanks to my fellow blawgers: Scott Greenfield, Mark Bennett, Brian Cuban, Ken White, Gideon, Rick Horowitz, Karim Renno, Keith Lee, Eric Turkewitz and many others who have been gracious in linking to my posts and challenging my preconceptions, biases, nescience and cantankerousness.

I may start up a new blawg, eventually. In the meantime, I wish to express my gratitude to my regular readers. I will not commit seppuku and shut down The Trial Warrior Blog; rather, I will indulge in the irony of the death of the civil trial in Canada by keeping it as an internet monument, until it gets ripped off by some splogger.


Antonin I. Pribetic

Paul Hellyer: Aliens would share technology if earth stopped wars | National Post

January 6, 2014

Paul Hellyer: Aliens would share technology if earth stopped wars | National Post:

Hellyer, 90, told Russia Today last week that he believes there are 80 different species of extraterrestrials, some of whom “look just like us and they could walk down the street and you wouldn’t know if you walked past one.

“I would say that nearly all are benign and benevolent and they do want to help us, there may be one or two species which do not.”

Hellyer described a cosmos similar to that of Star Trekand says that there is a “federation” of aliens that has a rule to not interfere in our affairs — the same asTrek’s“prime directive.”

In the prescient words of Kent Brockman, “And I, for one, welcome our new insect overlords.”

Paul Hellyer: Aliens would share technology if earth stopped wars | National Post

Admission of judge’s comments in Groia hearing challenged

September 16, 2013

“Former Supreme Court justice Ian Binnie made similar comments during a panel discussion last year on the Groia case.

“In the hothouse of a trial, particularly when you have a vicious battle going on . . . it is extremely difficult for somebody to come after the event and pick it apart and say, ‘Well, you really shouldn’t have said that,’” he said.

“A judge is running a trial in order to achieve a disposition in the case. And if the conduct of lawyers is getting in the way of achieving that, then it’s time to do something about it. And if the judge loses control of the courtroom, it seems to me the problem is we’re not getting the right judges.”

Hear! Hear!

Read more: Admission of judge’s comments in Groia hearing challenged. (Yamri Taddesse, Law Times, September 16, 2013)

OBA Mentorship Dinner (International Law and Young Lawyers Division: September 23rd, 2013)

July 30, 2013

I am co-chairing the Ontario Bar Association Mentorship Dinner on September 23rd, 2013, jointly sponsored by the International Law Section and Young Lawyers Division . Here are the details:

OBA ILS Mentorship 1

OBA ILS Mentorship 2

Here is a link to the OBA registration page for the Mentorship Dinner, which includes 2 Professionalism Hours of LSUC CPD accreditation.

If you’re interested in learning more about developing an international law practice and getting practical advice from senior international lawyers, consider joining us on September 23rd!


Say Hello, Wave Goodbye

July 22, 2013

To My Regular Readers:

I’ve joined a new law firm and have been busy moving in and settling into my new office.

I expected to find time to start blogging again in the interim, but I am really, really busy and I seem to have lost my muse.

Fortunately, there are  some exceptional blawgers in the Blawgosphere:

Scott Greenfield (Simple Justice); Gideon’s Trumpet (A Public Defender); Brian Tannebaum (My Law Licence and Criminal Defense); Mark Bennett (Defending People); Brian Cuban (Cuban Revolution); Ken White (Popehat); George Wallace (Declarations & Exclusions and a fool in the forest); Mike Semple Piggot (Charon QC); Keith Lee (An Associate’s Mind); Jordan Rushie (Philly Law Blog); Rick Horowitz (Probable Cause); Mark Randazza (The Legal Satyricon); Eric Turkewitz (New York Personal Injury Law Blog); Ted Folkman (Letters Blogatory); Matt Brown, to name a few; and many others from whom I have learned much and benefited often. My blog roll includes many other fellow lawyers that continue to challenge, provoke and entertain and I commend you to also read them daily.

I hope we shall meet again here…but if we don’t, “Say Hello, Wave Goodbye”

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