The death of fax
Lawyers have been one of the last holdouts using fax machines. Part of that was simply the Rules of Civil Procedure, which made very specific provision for service by fax, and a fax confirmation sheet was good enough for the court that something had indeed been sent. Service by email, however, used to require a […]
Camberwell House has updated its Retainer Terms
Camberwell House has updated its Retainer Terms: Provisions regarding process servers and file numbers have been added. The right to change the Retainer Terms without client consent has been added. Only Retainer Contracts require client consent in writing.
Bench/Bar -7- Some timeline issues; original filings; system
90/60 day deadlines (regarding medical/legal assessments) are, in this crisis, not being rigidly held to; the court will likely be flexible on that in the circumstances. The emergency Regulation extending limitation periods does not, on its terms, suspend time the periods set out in pre-existing orders of the court. Are those time periods automatically suspended, […]
Office closed – Dec.24,2019-Jan.1,2020
Please be advised that Camberwell House will be closed for the Christmas holidays from Tuesday, December 24, 2019 to Wednesday, January 1, 2020. The office will re-open for normal business on Thursday, January 2, 2020. If you need to deliver a package or have an emergency please email me [david at personallaw dot ca] or […]
Missing Girl… FOUND SAFE AND SOUND!
Lily has been found safe, and is back with her family.
A lovely donation from the Garlough family
“The widow of one of our former male lawyers donated two sets of her husband’s court attire with the intention that we offer them free of charge to individuals about to be called to the bar who cannot afford to purchase a set themselves. We have two robes and two waistcoats available for donation. “If […]
Voicemail
If you have tried to reach Camberwell House over the past half-week and received a “full mailbox” message, my apologies. We have had a sea of telemarketer hang-ups which have filled up the message cap.
ONCA kills tort of harassment
The Ontario Court of Appeal has unanimously rejected harassment as an independent tort, (i.e. a specific wrong which can be sued upon): Merrifield v. Canada (Attorney General), 2019 ONCA 205. T The Supreme Court of Canada has, in the past, said that Human Rights tribunals are the proper places for harassment complaints: Seneca College of […]
The Court of Appeal wrongly upends a routine practice
“The Ontario Court of Appeal continues to do surprising and alarming things with pre-incorporation contracts… Benedetto v. 2453912 Ontario Inc., 2019 ONCA 149 … is wrong on two grounds. The first ground is based on the expectations the parties will have had in the circumstances of the case. The second ground is based on a […]