Eric Sherkin

Associé | Toronto

416.595.8599

Portrait de Eric Sherkin

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E-Filing Guidelines in the Ontario Superior Court

As the Ontario court system slowly (slowwwwwwwly) tries to modernize, judges more regularly ask counsel for electronic copies of materials filed for a motion, trial or other hearing. While some of us at the bar are reasonably technologically savvy, others...

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Ontario Court of Appeal: Experts vs. Participant Experts

In a post on this blog in January, the Ontario Court of Appeal’s ruling in Moore v. Getahun was discussed. That case saw the Ontario Court of Appeal overturn a lower court’s ruling in respect of the practice of lawyers reviewing...

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Moore v. Getahun – Court of Appeal Clarifies Rules Regarding Expert Witnesses

In January of 2014, Madam Justice Wilson of the Ontario Superior Court of Justice released her reasons in Moore v. Getahun. The case was not noteworthy for the facts, which related to a motorcycle accident in which the plaintiff injured his...

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Bad Faith and Claims Surviving Bankruptcy

One of the primary reasons why people declare bankruptcy is that upon being discharged, the bankrupt person is released from their obligation to repay most of the debts that had existed at the time they went bankrupt. I say most...

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Tsilhqot’in Nation v. British Columbia

The following is cross-posted, with permission, from the Miller Thomson Aboriginal Law Update authored by Sarah D. Hansen and Kennedy A. Bear Robe of Miller Thomson’s Vancouver office. On June 26, 2014, the Supreme Court of Canada (« SCC ») released its...

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Offers to Settle and Costs

The recent decision of Mayer v. 1474479 Ontario Inc. relates to a personal injury claim arising from a motor vehicle accident, but has some interesting tidbits relating to the general principles of proportionality as it relates to the determination of cost...

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Online Court Dates – Finally!

For the past year or so, the Toronto Lawyers’ Association website has been posting the next day’s court lists (for Toronto matters, naturally) on its website. Allowing counsel to see where their matter is being heard, who is presiding and...

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Court of the Future

The Honourable Mr. Justice Brown is known for both his thorough and considered judgments as well as his occasional venting about inefficiencies in our court system. For instance, his 2012 endorsement in Romspen Investment Corp. v. 6176666 Canada Ltee begins with the...

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Welcome!

Welcome to the Miller Thomson Litigation Blog! We are excited to unveil this new project where we will endeavour to keep our readership informed on interesting and noteworthy developments in the world of Canadian litigation. Our Miller Thomson litigation team...

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Summary Judgment and Small Claims Court

The stated purpose of the Small Claims Court is to provide a streamlined process for parties to pursue claims of up to $25,000 in a cost-effective and efficient manner. In Superior Court, one of the options available to try and...

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Professional Athletes, Entertainment Law in Canada

LexisNexis, Issue 30

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