Every trial is a battle for the sympathies of the adjudicator. If the trier-of-fact sees the opposite party as the victim, anything can happen. This is particularly true in the employment context, where the courts often see an imbalance in the relationship — in favour of the employer — ​in the first place.

The Ontario government has finally corrected a miscarriage of justice caused by the application of a harsh and inappropriate $15,000 statutory deductible that commonly applied to claims by family members following the death of a loved one in a motor vehicle accident in Ontario.

Should an arbitrator have to disclose that he or she attended the same law school decades before with counsel now representing an opposing party involved in a dispute?

For most law firms across Canada, workplace diversity is not a new concept. In fact, on many levels it is a coveted goal. Fostering an environment that attracts the best and brightest — regardless of background, creed, gender, race or religion — can be a competitive advantage for your firm.