2010 News

On November 25, 2010, Liza Sheard was successful in the Court of Appeal, which upheld the trial decision on a solicitor’s negligence claim, fully exonerating the solicitor.

To view the Judgment please click here.
To view the Costs Endorsement please click here.


Spring 2010 – Liza C. Sheard’s Practising Trusts and Estates Law article in the Canadian Lawyer 4Students Spring 2010 edition entitled “Pros and Cons” has just come out. Liza Sheard: “Estate litigation includes disputes over the validity of wills, contested passings of accounts, interpretation, and property involving the care and property management of incapable persons. Some see this practice area as family law with dead people. For the most part, cases have either, or both, interesting facts and legal issues.” To view the full article, please click here.


April 28, 2010 – Michael Bordin will be presenting on the topic of Suing the Police – Legal Tips from Chatwell v. OPP at the Hamilton Law Association’s “10th Annual Advocacy Conference”. Michael Bordin will be presenting his paper on the topic of “Suing the Police – Legal tips from Chatwell v. OPP – Caledonia Case” at the Hamilton Law Association’s “10th Annual Advocacy Conference” on April 28, 2010.  For further details or to obtain the registration flyer, please click here or contact Paula Bridgewood by email at pbridgewood@hamiltonlaw.on.ca or by telephone at 905-522-1563.


April 16, 2010 – John Evans, Paul Sweeny and Shane van Engen were successful in the Court of Appeal in upholding the trial judgment of Justice David Crane in favour of public health officials in St. Elizabeth Home Society (Hamilton, Ontario) v. City of Hamilton.
April 16, 2010 – John Evans, Paul Sweeny and Shane van Engen were successful in the Court of Appeal in upholding the trial judgment of Justice David Crane in favour of public health officials in St. Elizabeth Home Society (Hamilton, Ontario) v. City of Hamilton. Click here.

The Reasons of the unanimous court were released on Friday, April 16, 2010. Click here.

The Court of Appeal, in accordance with our submissions, noted that “St. Elizabeth’s claim lacks an air [of] reality.”

The appeal raised many legal and factual issues, including: liability of public officials for negligence, and misfeasance in public office.

The Court of Appeal addressed the negligence issue by finding that there was no duty of care. The Respondents owed a public law duty to the residents of the Villa but they owed no duty to the Villa’s operator.

The Court of Appeal’s decisions regarding good faith and the mental element of the tort of misfeasance in public office are of interest. They found that the actions of the Respondents were not unlawful and that there was no intention to harm the Villa. “In our view, the trial judge’s finding that the respondents acted honestly, believing their action to be lawful and without any intent to harm the Villa, is borne out by the evidence …”


April 15, 2010 – Liza C. Sheard will be delivering a paper at the Law Society of Upper Canada. Liza C. Sheard will be delivering a paper at the Law Society of Upper Canada’s “Special Lectures on Estate Planning, Decision Making and Estate Dispute Resolution for the Older Client” at Toronto. For further details on this two-day seminar or to view the program flyer, please click here.


April 9, 2010 – John F. Evans will be speaking at the OBA’s “hallmark” CLE litigation program “Sharpening the Sword III Tactics and Strategies for Successful Litigation”. On April 9, 2010, John Evans will speak at the OBA’s “Sharpening the Sword III Tactics and Strategies for Successful Litigation” in Toronto.  John and a Judge of the Court of the Appeal will provide tactics and strategies for “Resuming Hostilities, The Court of Appeal:  Winning It all With The Big Guns”.  For further details or to register for this program please click here.


April 2010 – Paul R. Sweeny has been acclaimed as 1st Vice-President of the Ontario Bar Association.
Paul R. Sweeny has been acclaimed as 1st Vice-President of the Ontario Bar Association. His term as Vice-President will begin in August 2010.


On February 16, 2010, Liza Sheard will speak at the OBA’s “Trusts and Estates Law: Grave Consequences: Traps and Pitfalls in Contemporary Estates Law” seminar and will present her paper: ‘Rectification of Wills: Repair of Drafting Errors After Death’. To register for the seminar or view a seminar brochure, please click here.


February 11, 2010 – Liza C. Sheard will be speaking at the Hamilton Law Association’s 8th Annual Estates and Trusts Seminar.
On February 11, 2010, Liza Sheard will present her paper “Risk Management – File Management in Estates and Effective Use of New Technology” at the HLA’s 8th Annual Estates and Trusts Seminar. To register for the seminar please contact Wendy MacNair at 905-522-1563 or to view the seminar’s brochure Please click here.


February 4, 2010
Scott W. Beattie successfully obtained a Judgment for a building contractor, following a trial on the substantial completeness of a renovation project.


January 29, 2010 – Liza C. Sheard successfully defended a claim against a lawyer following a 7-day trial that was heard in September and October, 2009.
Costs were awarded on a substantial indemnity basis. For a copy of the trial decision of Justice Crane, please click here.
For a copy of the costs decision of Justice D.S. Crane, please click here.


January 14, 2010 – John F. Evans was invited by the Treasurer of the LSUC to represent the profession at the Treasurer’s Civility Forum in Hamilton.John Evans was invited by the Treasurer of the LSUC to represent the profession at the Treasurer’s Civility Forum in Hamilton, on January 14, 2010,   The panel included Senior Regional Justice of the Superior Court, Justice Stephen Glithero, the Provincial Court Justice, Madam Justice Kathryn L. Hawke, the Regional Senior Justice of the Peace, His Worship John Creelman, and the Treasurer, Derry Millar.  The Treasurer, Derry Millar, has mounted a province wide program to advance civility and professionalism amongst advocates.  The program was well attended and well received.