Top 10 Mistakes Lawyers Make in Mediation

A mediator facilitating a civil dispute resolution at a table, with documents and notes visible from Wallace Smith Lawyers

Mediation can be a useful and cost-effective tool in resolving civil disputes. Many articles identify how to make best use of the mediation process, but few discuss the pitfalls that can lead to failure. As a mediator, I’ve noticed common mediation errors that lawyers frequently make during the process. Here are the 10 most common […]

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Reasons to Consider Early Mediation

Lawyers mediating and reviewing legal documents, providing legal advice at Wallace Smith Lawyers

Early mediation is a strategic tool that can advance your client’s interests while allowing you to manage your time and resources efficiently. If the Phase 2 Consultation Paper released by the Civil Rules Review (CRR) Working Group on April 1, 2025, is adopted, mediation will become mandatory for nearly all civil cases issued in the […]

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Client Success Story: Last-Minute WSIAT Application Doesn’t Delay Trial

When facing last-minute procedural challenges in employment law cases, it’s essential to have experienced legal counsel who can act quickly to protect your rights. At Wallace Smith Lawyers, we’re committed to securing justice for clients involved in complex disputes like workplace harassment and wrongful dismissal. Overview: of Adamski v. Costco Wholesale Canada Ltd In Adamski […]

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How Private is Your Life When You Bring a Lawsuit?

How Private is Your Life When You Bring a Lawsuit?

When you bring a lawsuit, whether as a plaintiff or defendant, navigating the process of document disclosure can be overwhelming. Many people don’t realize how extensive the evidence-sharing requirements are, and how even small details can impact the case. Understanding privacy in lawsuits and how document disclosure works is crucial to protecting your rights throughout […]

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The McDonald’s Hot Coffee Case: What Really Happened?

A person has spilled coffee on themselves and they are not happy.

Many people are familiar with the McDonald’s hot coffee case (Stella Liebeck v. McDonald’s), which remains one of the most discussed personal injury lawsuits in U.S. history, even though it occurred in the 1990s.   In this case, 79-year-old Stella Liebeck spilled a cup of McDonald’s hot coffee on her lap. She was awarded $2.7 million in […]

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Insurers Must Advise Claimants of Right to Apply for Accident Benefits

A rear end car crash with visible damage to both cars.

In a significant ruling on February 7, 2025, the Ontario Divisional Court reversed a decision of the Licence Appeal Tribunal (LAT) in Hussein v. Intact Insurance Company 2025 ONSC 842. The LAT had dismissed Mr. Hussain’s accident benefit claim for failure to comply with the 7-day notice requirement under s. 32(1) of the Statutory Accident Benefits Schedule (SABS).  […]

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Travel Insurance and Alcohol: What Every Canadian Needs to Know

A drink by a pool with clear blue water and lots of sun.

For many Canadians, vacation time means escaping the cold, and for some, that also means enjoying a drink or two. If you plan on drinking during your travels, it’s important to know how alcohol could impact your travel insurance coverage.  How Alcohol Affects Travel Insurance Coverage  Many Canadians buy travel insurance, either on their own, through a benefits plan, […]

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Achieving Timely Justice in Personal Injury Claims

A person with their head in their hands, they look overwhelmed.

The Ontario civil justice system has been under significant pressure for over 10 years and is currently overwhelmed. It now takes upwards of 5 to 10 years for personal injury victims to achieve resolution of their cases. This is in large part due to extensive delays in securing motion dates, and scheduling pre-trial and trial […]

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Civil Fraud Results in Denial of Automobile Coverage

A graphic about civil fraud resulting in the denial of automobile coverage. the graphic has a photo of Kristen King.

Earlier this month, the Ontario Court of Appeal in Wong v. Aviva Insurance Company of Canada (2024 ONCA 874) upheld an insurer’s denial of automobile coverage as a result of deceptive and fraudulent conduct. What Happened in Wong v. Aviva Insurance Company of Canada Case? Ms. Wong was operating her mother’s vehicle with consent when […]

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What is an “Accident” Under the Statutory Accident Benefits Schedule?

A hand about to open a car door that is covered in snow.

With winter on its way, parking lots, walkways, and driveways will soon be covered in snow and ice. In the case of a car accident on icy roads, you will have access to automobile accident benefits through your automobile insurer. Accident benefits can provide various benefits including income replacement, medical and rehabilitation, attendant care, or […]

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