John Bleasby’s Post

Could an apology, whether expressing regret or accepting responsibility, be the key to settling disputes more amicably and cost-effectively? The Ministry of Justice is exploring the transformative power of apologies in dispute resolution. Read Krisha Jethani's article examining the potential of apology laws and their impact on civil proceedings 👉 https://ow.ly/ZsHS50RgmtE #Moj #DisputeResolution #ApologyLaw #JusticeSystem

Massachusetts Lawyers Weekly has written about a recent Appeals Court decision where the court ruled that civil defendants were liable for prejudgment interest on legal fees awarded based on a prevailing party legal fee provision in a commercial lease. Bernkopf litigator Robert Stetson highlighted a crucial aspect of the ruling: "The court's characterization of appellate legal fees as part of the 'damages' award for pre-judgment interest purposes underscores the importance of clearly labeling fee-shifting provisions in contracts. This could prevent unnecessary litigation over the applicability of such fees." This decision is a significant reminder for litigators to carefully consider the implications of labels in their fee-shifting provisions in their contractual agreements. Read the full article here: https://lnkd.in/gRUrTz_m

A letter before action can be a powerful tool in resolving disputes quickly and cost effectively. In this article I discuss the benefits of a well drafted letter before action and the importance of them in the context of court proceedings. https://lnkd.in/epWif3Am

In this new edition of the Commercial Litigation Insights blog, Counsel Jeff Cowan examines the impact of Ontario Regulation 322/24, which made numerous changes to the Rules of Civil Procedure and prescribed forms to establish a new framework for vexatious litigant proceedings under s. 140 of the Courts of Justice Act. Follow the link to read Jeff's full insights: https://bit.ly/3WSSU48 #CommLitInsights #CommercialLitigation #LitigantProceedings

Do Limitation Periods Run During Attempted Settlements? Our latest blog provides critical insights into how Ontario's Limitations Act, 2002, interacts with settlement negotiations. Discover key exceptions that can pause or extend the limitation period, such as the involvement of an independent third-party mediator and the use of tolling agreements. Perfect for legal professionals and individuals involved in negotiations, this blog offers essential guidance on maintaining legal vigilance during settlement discussions. https://ow.ly/158650TpGoN #HullonEstates #LimitationPeriod #Settlements

Administrative dismissals of civil actions have resumed in Ontario, after being suspended since the COVID-19 pandemic. In this installment of the Commercial Litigation Insights blog, Partner Lia Boritz provides an informative overview of what this means, how administrative dismissals can be avoided, what happens if an action is administratively dismissed, and more. Read the full blog post here: https://bit.ly/3V2z1Xw #CommLitInsights #OntarioLaw #CivilActions

Administrative dismissals are back! Check out this article if you need a refresher on what that means for you and your clients.

ICYMI: Counsel Jeff Cowan provided an overview of Ontario Regulation 322/24 and its impact, including changes to the Rules of Civil Procedure, in the most recent installment of the Commercial Litigation Insights blog. Click the link below to read the full blog. #CommLitInsights #CommercialLitigation #LitigantProceedings

Court statistics show that only about 3% of civil cases filed at court are finalised by a trial based resolution. This means that very few civil cases have significant cost orders made in them. Cost orders usually follow the event, that is, the determination of the case. However, there can be many variable on this, as often their are multiple issues in dispute and one party gets up on some and the other on others. Also, settlement offers made during the course of the dispute can come into play when a judge makes a cost order. My below article looks at the Bruce Lehrmann trial and the cost issues to follow. https://lnkd.in/ggQEvgpK

The latest amendments to the Civil Procedure Rules, which came into effect on 1 October 2024 have given the Courts power to order parties to engage in alternative dispute resolution. The new rules emphasise the importance of the parties attempting to settle at every stage of the dispute. Steven Johnson, Associate Solicitor in our Dispute Resolution team provides an overview of the new approach - https://lnkd.in/eTqeJPaA #CivilLitigation #DisputeResolution