Challenge with fake websites is finding culprits
When an individual is victim to an online scam through a fake website, the simple part for counsel is determining on which legal grounds an action can be successfully brought against those responsible, Toronto civil and commercial litigator Patrick Summers writes inLawyers Weekly. Read Lawyers Weekly The major challenge in such a situation, he writes, […]
Case is a cautionary tale against summary judgments
Toronto civil litigator Patrick Summers says a recent decision raises tactical questions around bringing motions for summary judgments. In Zhu v. Matadar, 2015 ONSC 178 (CanLII), the plaintiff, Tie Hong Zhu, was injured in a motor vehicle accident that occurred in 2007 and she commenced her action against the defendants, Mohmed Arif Matadar and Musa Vali, […]
Best Practices don’t address access to justice
Toronto civil litigator Patrick Summers says The Advocates’ Society Best Practices for Civil Trials, released recently, provides well-meaning and important recommendations to streamline the trials process, but does little to address the overall cost of bringing a matter forward and the growing access-to-justice issue that exists in the justice system. “These best practice points appear […]
Text message issue still largely unexplored in civil courts
Questions relating to the production of text messages have received a good deal of consideration in Canadian criminal courts, but there is still limited case law on how the issue is dealt with civilly, Toronto civil and commercial litigator Patrick Summers. “The initial duty of a civil litigant is clear. In Imperial Oil v. Jacques [2014] 3 […]
Decision could create new roadblock to summary judgment motions
A Divisional Court decision that prevents judges from bifurcating trials without the consent of both parties could end up creating a new roadblock to summary judgment motions in Ontario, Toronto civil and commercial litigator Patrick Summers tells AdvocateDaily.com. In Bondy-Rafael v. Potrebic, 2015 ONSC 3655 (CanLII), the majority of the court’s three-judge panel ruled that […]