Copyright ownership issues can move in unexpected directions
Trying to figure out who owns a software copyright can be tricky – and if litigation ensues, the issue of ownership can move in unexpected directions, Toronto civil and commercial litigator Patrick Summers writes in Lawyers Weekly. “Is there an employer? Who is the employer? Has the copyright been assigned? A case involving all these questions and how […]
Employee vs. partner decision relevant across industries
In upholding a Canadian law firm’s right to require that its equity partners retire at a certain age, the Supreme Court of Canada has clarified the need for detailed partnership agreements, says Toronto civil and commercial litigator Patrick Summers. In McCormick v. Fasken Martineau DuMoulin LLP, the Supreme Court has said Vancouver lawyer John Michael […]
Case provides some clarity on cross-examinations
A recent decision by the Superior Court of Justice has brought some clarification to the scope of cross-examinations on affidavits filed for motions for summary judgments, says Toronto civil and commercial litigator Patrick Summers. Mars Canada v. Bemco Cash & Carry, 2014 ONSC 4172 (CanLII) is an appeal of Master Barbara McAfee’s December 2013 order requiring […]
Expert evidence rules should be relaxed in summary judgment motions
Courts should take a more liberal approach to the rules regarding submission of expert evidence on summary judgment motions so that parties aren’t discouraged from using the process, says Toronto civil and commercial litigator Patrick Summers. Rule 39.02 of the Rules of Civil Procedure requires a party to seek leave from the court in order […]
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 […]
New Legal Changes for 2012
The following is a pot pourri of recent changes to a number of different laws. Residential Landlord and Tenant Law A landlord can legally increase rent once every 12 months, provided the tenant is given 90 days notice in writing and that the increase does not exceed the guideline. The guideline increase for rents for […]