What’s In Litigator

 

Litigator Quantums (Canada)

Litigator features searchable digests quantifying awards from relevant Canadian court decisions. Sorted by award amount and presented as a range for convenient assessment of a client’s claim, these quantum digests have been prepared specially to cover seven distinct areas of law:
  • Breach of Contract
  • Child Support
  • Defamation
  • Dependents’ Relief
  • Personal Injury
  • Spousal Support
  • Wrongful Dismissal
  • Environmental Offences Sentencing Digests
These quantum digest services also offer the opportunity to profile awards of particular judges, or in cases involving particular lawyers, experts or parties.

Breach of Contract Quantum Service
This service features digests quantifying breach of contract awards from relevant Canadian court decisions in which the damages awarded arise out of the breach and in which the damages awarded exceed straight restitution under the contract. Quantum digest coverage for Breach of Contract begins from 1997 onward and span across Canadian Abridgment classifications, including the following:
  • Aboriginal Law
  • Business Associations
  • Carriers
  • Commercial Law
  • Construction Law
  • Contracts
  • Damages
  • Debtors and Creditors
  • Equity
  • Estoppel
  • Financial Institutions
  • Information Technology
  • Guarantee and Indemnity
  • Landlord and Tenant
  • Maritime and Admiralty Law ·
  •  Municipal Law
  • Natural Resources
  • Personal Property
  • Personal Property and Security
  • Professions and Occupations
  • Public Law
  • Railways
  • Restitution
  • Sale of Land
  • Securities and Commodities
Child Support Quantum Service
This service features a comprehensive collection of child support quantum digests from 1997 onward, the awards in which cases represent judicial exceptions from the table amounts prescribed by the applicable Child Support Guidelines. In addition, this service also includes quantum digests for cases where a party has an income over $150,000, and for cases where the liability for extraordinary expenses has been distributed between the parties.

Defamation Quantum Service
This service features digests quantifying defamation awards from relevant trial and appeal decisions of all Canadian courts, spanning from the 1800s to the present day, and including cases involving aspersions in the following types of publications:
  • The Internet;
  • Letters (including emails);
  • Newspapers;
  • Radio broadcasts;
  • Television and film presentations;
  • Public statements;
  • Print publications (including electronic formats);
  • Republication with respect to the original publisher;
  • Republication with respect to subsequent publishers; and
  • Telecommunication.
Dependants’ Relief Quantum Service
This service features digests of relevant cases in which a determination has been made whether, and to what extent, an alleged dependant is entitled to relief from another’s estate. The collection covers every relevant Canadian trial and appellate court decision beginning from 1976. This service also includes cases where awards of particular estate assets have been ordered.

Personal Injury Quantum Service
This service features digests quantifying personal injury awards from relevant Canadian court decisions, with coverage spanning from 1991 to the present day. In order to provide a comprehensive collection of relevant personal injury quantum digests, this service includes all cases selected for Goldsmith’s Damages for Personal Injury and Death and for Carswell’s Personal Injury Damages Partner.

Spousal Support Quantum Service
This service features a comprehensive collection of case digests, wherein the courts have determined issues pertaining to the quantum of spousal support.
This service spans from 1997 to the present, and covers all quantum-related determinations under the following headings of the Canadian Abridgment’s subject title Family Law – Support – Spousal Support:
  • Entitlement;
  • Lump Sum Awards;
  • Nominal Awards;
  • Time-Limited Awards;
  • Interim Awards;
  • Variation or Termination; and
  • Miscellaneous Issues.

Wrongful Dismissal Quantum Service
This service features digests quantifying wrongful dismissal awards from relevant Canadian court decisions, with coverage beginning from 1954 onward. The selection of cases, upon which these quantum digests have been created, were guided by the standards applied by Barry B. Fisher, LL.B., and Patrick L. Benaroche, B.A., B.C.L., LL.B., for Carswell’s Wrongful Dismissal Database.

Environmental Offences Sentencing Digests
This service contains quantum digests covering fines stemming from the commission of environmental offences.  Digests are from reported cases and Prosecution Disposition Reports (or similar summary records of the Crown) representing selected Canadian trial-level and appeal decisions from 1989 to the present. 

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Court Documents

Litigator’s Court Documents collection features more than 160,000 court documents extracted from the court files of significant cases in every Canadian Common Law jurisdiction. Cases are selected from the following 12 subject areas:
  • Civil Practice
  • Corporate-Commercial
  • Construction
  • Employment
  • Environmental
  • Estates and Trusts
  • Insurance
  • Intellectual Property
  •  Municipal and Planning
  • Pensions and Benefits
  •  Real Property
  •  Torts

Pleadings, Motions and Facta
Litigator's Court Documents collection includes pleadings, motions and facta, as filed with the courts, of Canadian cases selected for eleven litigation-focused case reporters and one Carswell newsletter. Our six newest collections feature the most significant, precedent-setting reported cases as chosen by our expert Law Reporter editorial boards.
  • Business Law Reports, covering all cases from volume 27 B.L.R. (3d) (published 2003) onward as well as certain judgments of particular significance dating back to September 16, 1999;
  • Canadian Cases on Employment Law, covering all cases from volume 20 C.C.E.L. (3rd) (published 2003) onward and including cases with judgments as early as October 2, 1996;
  • Canadian Cases on Pensions and Benefits, covering the most significant cases reported from 1995 onward; Editor-in-Chief: Gary Nachshen of Stikeman Elliott
  • Canadian Cases on the Law of Insurance, covering all cases from volume 41 C.C.L.I. (3rd) (published 2003) onward and including cases with judgments as early as November 26, 1998;
  • Canadian Cases on the Law of Torts, covering all cases from volume 13 C.C.L.T. (3rd) (published 2003) onward and including cases with judgments as early as October 19, 1989;
  • Canadian Environmental Law Reports, covering the most significant cases reported from 1995 onward; Editor-in-Chief: Rick Lindgren of the Canadian Environmental Law Association
  • Carswell’s Practice Cases, covering all cases from volume 23 C.P.C. (5th) onward and including cases with judgments as early as December 12, 1995;
  • Construction Law Reports, covering the most significant cases reported from 1995 onward; Editor-in-Chief: Harvey J. Kirsh of Osler, Hoskin and Harcourt, LLP
  • Dimock Stratton Intellectual Property Law Newsletter, covering the most significant cases reported in IPN from 2000 onward; Editor: Dimock Stratton, LLP
  • Estates & Trusts Reports, covering the most significant cases reported from 1995 onward; Editor: Lori M. Duffy of Weir Foulds, LLP
  • Municipal and Planning Law Reports, covering the most significant cases reported from 1995 onward; Editor: John Mascarin of Aird & Berlis, LLP
  • Real Property Reports, covering all cases from volume 3 R.P.R. (4th) (published 2003) onward as well as certain judgments of particular significance dating back to July 9, 2001.


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Legislation

For a list of relevant legislation that is available on WestlawCanada, please see the LawSource What's In page, under the heading Legislation. This legislation includes Rules of Practice for courts in every Canadian jurisdiction except Quebec. A concordance of these rules (derived from The Rules Concordance and Case Locator CD-ROM published by Carswell) is also included.

Table of Concordance
Litigator features a searchable concordance of the rules of court of all Canadian common law jurisdictions. Organized by topic or issue, this table provides for quick location, identification and comparison of these rules.

Commentary

Litigator features the following authored treatises, commentary and analysis by leading experts in the field of Canadian civil law, including the following:
  • Alberta Rules of Court Annotated (Fradsham)
  • Annual Review of Civil Litigation (Archibald and Cochrane)
  • British Columbia Supreme Court Rules Annotated (Seckel, MacInnis and Berry)
  • Federal Courts Practice (Saunders, Kinnear, Rennie and Garton)
  • Holmested and Watson: Ontario Civil Procedure (Watson)
  • Manitoba Queen’s Bench Rules Annotated (Busby)
  • Nova Scotia Annotated Rules of Practice (Ehrlich)
  • Ontario Civil Practice (Watson and McGowan)
  • Ontario Small Claims Court Practice (Zuker)
  • Supreme Court of Canada Practice (Crane and Brown)


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Directories

Expert Witness Directory Litigator features profiles of expert witnesses and consultants from across Canada, and includes contact information and area(s) of expertise. Additional information, such as fee structure, links to CVs, and links to judgments in which the expert or consultant has been mentioned, may be included. Specific areas of expertise include:
  • accident and injury;
  • accounting and economics;
  • computers and electronics;
  • construction and architecture;
  • criminal issues, fraud and personal identity;
  • employment and vocations;
  • engineering and science;
  • environmental issues;
  • family and child custody;
  • legal issues and insurance;
  • medical and surgical issues;
  • property and real estate;
  • psychiatry and psychology; and
  • vehicles, equipment and machinery.

Canadian Lawyer Directory
Litigator features more than 30,000 profiles of lawyers, law firms, and government ministries and departments from all Canadian jurisdictions, and includes contact information. Profiles may also include area(s) of practice, year and jurisdiction of call. Lawyers and law firms may also arrange for the updating of profiles, by contacting Carswell at 416-298-5048 or 1-800-387-5164.

ADR Professionals Directory
Litigator features profiles of individuals and organizations from across Canada that engage in alternative dispute resolution. Each profile contains the name of the individual or organization, contact information such as address(es) and phone number(s), and the province in which services are offered. Additional information, such as area(s) of expertise, email addresses and websites, may also be included. Specific areas of expertise include:
  • Aboriginal law
  • Admiralty
  • Bankruptcy
  • Business torts
  • Business and commercial contracts
  • Civil rights
  • Class actions
  • Construction
  • Consumer issues
  • Creditor/debtor
  • Criminal law
  • Employment and labour
  • Environmental issues
  • Estates and wills
  • Family law
  • General civil practice
  • Health issues
  • Immigration
  • Insurance
  • Intellectual property
  • International issues
  • Landlord/tenant
  • Libel, slander and defamation
  • Oil, gas and energy
  • Personal injury
  • Privacy
  • Product liability
  • Professional liability (law)
  • Professional liability (medical)
  • Professional liability (miscellaneous)
  • Real estate
  • Regulatory and governmental issues
  • Securities
  • Sports
  • Tax
  • Transportation
  • Workers’ compensation

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Current Awareness Tools

Litigator currently features Practice Advisors, in which the legislative and case law developments in Ontario, Alberta, British Columbia and the Supreme Court of Canada are highlighted. It also features Practice Advisors detailing legislative developments in the Federal Courts and the Ontario Small Claims Court.  

Ontario Practice Advisor
This Practice Advisor informs of all new amendments to the legislation selected for Watson & McGowan’s Ontario Civil Practice, and it also includes digests of recent cases. Updated bi-weekly, each Practice Advisor consists of the three parts:
  • Latest legislative updates – this part presents legislative provisions, as amended since the last Practice Advisor
  • Cumulative updates – this part consolidates all amendments that take place since the publication date of Ontario Civil Practice
  • Ontario case digests – this part reproduces digests of the latest Ontario cases selected for publication in Carswell’s Practice Cases
Alberta Practice Advisor
This Practice Advisor informs of all new amendments to the legislation selected for Fradsham’s Alberta Rules of Court Annotated, and it also includes digests of recent cases. Updated monthly, each Practice Advisor consists of the three parts:
  • Latest legislative updates – this part presents legislative provisions, as amended since the last Practice Advisor
  • Cumulative updates – this part consolidates all amendments that take place since the publication date of Alberta Rules of Court Annotated
  • Alberta case digests – this part reproduces digests of the latest Alberta cases selected for publication in Carswell’s Practice Cases
British Columbia Practice Advisor
This Practice Advisor informs of all new amendments to the legislation selected for Seckel & MacInnis's British Columbia Supreme Court Rules Annotated, and it also includes digests of recent cases. Updated monthly, each Practice Advisor consists of the three parts:
  • Latest legislative updates – this part presents legislative provisions, as amended since the last Practice Advisor
  • Cumulative updates – this part consolidates all amendments that take place since the publication date of British Columbia Supreme Court Rules Annotated
  • British Columbia case digests – this part reproduces digests of the latest British Columbia cases selected for publication in Carswell’s Practice Cases
Supreme Court of Canada Practice Advisor
This Practice Advisor informs of all new amendments to the legislation selected for Brown's Supreme Court of Canada Practice, and it also includes digests of recent cases. Updated quarterly, each Practice Advisor consists of the three parts:
  • Latest legislative udpates – this part presents legislative provisions, as amended since the last Practice Advisor
  • Cumulative updates – this part consolidates all amendments that take place since the publication date of Supreme Court of Canada Practice
  • Supreme Court of Canada case digests – this part reproduces digests of the latest Supreme Court of Canada cases selected for publication in Carswell's Practice Cases
Federal Courts Practice Advisor
This Practice Advisor informs of all new amendments to the legislation selected for Saunders, Rennie & Garton's Federal Courts Practice. Updated quarterly, each Practice Advisor consists of the two parts:
  • Latest legislative updates – this part presents legislative provisions, as amended since the last Practice Advisor
  • Cumulative updates – this part consolidates all amendments that take place since the publication date of Federal Courts Practice 
Ontario Small Claims Court Practice Advisor
This Practice Advisor informs of all new amendments to the legislation selected for Zuker's Ontario Small Claims Court Practice. Updated quarterly, each Practice Advisor consists of the two parts: 
  • Latest legislative updates – this part presents legislative provisions, as amended since the last Practice Advisor
  • Cumulative updates – this part consolidates all amendments that take place since the publication date of Ontario Small Claims Court Practice 

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Kim Spencer McPhee Class Action Monitor

The Kim Orr Class Action Monitor launched in 2012.  In 2017 the newsletter was renamed Kim Spencer McPhee Class Action Monitor.  The newsletter is available on Westlaw® Canada. This one-stop source keeps you up to date on class actions across Canada and important news and issues in class action law. With lead editors from Kim Orr Barristers and contributions from a team of leading class action lawyers, this source provides the perspective of experts from the plaintiff and defence bar. The Monitor consists of bi-weekly issues, containing information and commentary on the latest class actions, case updates, news and special focus articles on important topics in class action law. Also included is class action legislation and related materials for all of Canada.
The Class Action Monitor is available as an add-on module to LawSource, Litigator, or SecuritiesSource subscription, or on a pay-per view basis. It can be accessed from the Litigator homepage under the Class Action section.

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Civil Litigation Checklists and Commentary

New on Westlaw® Canada Litigator

This new module consists of valuable commentary on key and emerging topics for civil litigators including: evidence, electronic evidence, witnesses, expert witnesses and advocacy, all written by leading Carswell and Canada Law Book authors. It also includes comprehensive and practical checklists for civil litigation, taking you step-by-step through the entire litigation process from initial client meeting to post-trial and settlement matters, with annotations featuring key legislation, case law and practice tips. These checklists are fillable in MS Word format, allowing users to customize them to suit their practice needs.

COMMENTARY provides quick access to the following full-text monographs and selected content from key looseleafs:
  • The Portable Guide to Evidence by Doherty
  • The Portable Guide to Witnesses by Sankoff
  • Witness Preparation, A Practical Guide by Finlay, Cromwell & Iatrou
  • The Art and Science of Advocacy by Olah – Selected Chapters on The Use of Expert Witnesses and Cross-Examining The Expert Witness
  • Electronic Documents: Records Management, E-Discovery and Trial by Finlay, Vermette & Statham – Selected Chapters on The Legal Framework Governing The Discovery of Electronic Documents in Canada and Production of Electronic Documents and Use Of Electronic Evidence at Trial
  • Electronic Evidence in Canada by Penner & Underwood – Selected Chapters on The Obligation to Preserve Electronically Stored Information in Contemplation of Litigation and Ensuring Preservation of Electronically Stored Information Held by Others
  • Witnesses by Sankoff & Mewett – Selected Chapter on The Expert Witness
 
CHECKLISTS currently provide authoritative guidance for civil litigation in each of Ontario, British Columbia and Alberta (with further jurisdictions to be added). Benefiting civil litigators at all levels of experience, these checklists take you step-by-step through the entire litigation process – from initial client meeting to post-trial and settlement matters, with annotations featuring practice tips, rules, key legislation and case law with links. Checklists are in MS Word format allowing users to customize them to suit their practice.

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Licence Agreement