Business litigation: Tips for prevention and best practices
What is business litigation? Business litigation involves legal disputes where parties either sue or are sued. Cases typically involve two key components: liability, determining who caused harm, and damages, addressing losses incurred. Success in a case requires both liability and damages to…
View the post titled Business litigation: Tips for prevention and best practicesYes, Ontario lawyers can talk to their experts
Lawyers must work with experts to focus and clearly express their opinion testimony. The lawyer cannot tell the expert what to say, but must ensure that the export report addresses the relevant questions in a clear and comprehensible way that will assist the judge to decide the lawsuit.
View the post titled Yes, Ontario lawyers can talk to their expertsWhat will it take for facts to overcome fear about wind turbines?
People who actually live with and host wind turbines on their properties are rarely heard in the emotional debate on wind farms and health. Australian filmmaker and researcher Neil Barrett is giving this critical group a voice in his excellent short film, The way the wind blows. Evidence aro…
View the post titled What will it take for facts to overcome fear about wind turbines?Certificate of analysis ok as evidence despite minor error and delay?
A court accepted a Maxxam certificate of analysis into evidence in an environmental prosecution, despite a minor error in an internal chain of custody, and a two month delay in issuing the certificate. The decision is useful for anyone who takes samples, analyses them or uses the result in court.
View the post titled Certificate of analysis ok as evidence despite minor error and delay?Zephyr Wind REA Appeal dropped
To date, every Renewable Energy Approval for a wind farm has been appealed to the Environmental Review Tribunal. The Environmental Review Tribunal rejected the first appeal, for the Kent Breeze wind farm, but ruled that it will allow the same or similar evidence in subsequent cases.11-208 MI…
View the post titled Zephyr Wind REA Appeal droppedFracking, methane and drinking water
The Ernst v. Encana fracking lawsuit gained strength this month with the publication of Rob Jackson’s peer-reviewed paper: Methane contamination of drinking water accompanying gas-well drilling and hydraulic fracturing. Jackson is a professor at Duke University, and his paper is publis…
View the post titled Fracking, methane and drinking waterJudicial Criticism of Experts: so what?
Judges occasionally make harsh criticisms of the witnesses who appear before them. Sometimes those criticisms are justified; other times, everyone is just having a bad day. In these days of instant search, such a criticism could be recycled endlessly in subsequent cases, perhaps permanently …
View the post titled Judicial Criticism of Experts: so what?Climate change: How strong is the evidence?
Is climate change science “real science”? Can climate change experts give expert evidence in court? Canadian courts have not yet wrestled with this issue, but American courts have. The leading case is Green Mountain Chrysler v. Crombie. In 2007, the auto industry tried to prevent…
View the post titled Climate change: How strong is the evidence?Expert witnesses: preparation
How do lawyers use Expert Witnesses in Environmental Litigation? Here’s an outline from one of Dianne’s seminars:
View the post titled Expert witnesses: preparationReceive Blog Posts
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