In Kaplun v. Kaplun, Brown J. of the Ontario S.C.J. reminded all counsel of certain basic expectations that a court has of counsel who appear in Motions Court:
1. Be on time and ready to start at 10:00 a.m. Tardiness displays a lack of respect for the court, its staff, and fellow counsel;
2. Counsel should always be courteous and civil to opposing counsel.
3. Ill feelings that may exist between clients, particularly during litigation, should not influence counsel in their conduct and demeanour towards opposing counsel.
4. When scheduling a motion, counsel should consult the responding side before setting a date.
5. Requests for an adjournment should be communicated to opposing counsel well in advance of the hearing date. The not uncommon practice of adjournment by ambush is unacceptable;
6. Counsel should follow the two basic rules of courtroom etiquette:
(a) When one counsel is standing to make submissions, the other should sit down. Success in Motions Court does not depend on the last person standing; and
(b) Avoid "Jack-in-the-box" advocacy. Standing up to interject repeatedly during opposing counsel’s oral argument on a motion is rude and wastes time. Counsel should deal with any disputed matter and respond in a reply argument.
7. Finally, Brown J. states that for Motions Court to work efficiently and fairly, the court depends upon counsel observing the three “Cs”: courtesy, civility and co-operation.
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In this episode of Hull on Estates, Ian and Suzana have a discussion dealing with the use of trusts. They use the example of a case where a family put their cottage into a cottage trust, and when the children grew older, the children wanted cottages of their own.
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