Short maxims are as good as a sharp stick. Here's some of my favourites.
- Civil Procedure is intended to reveal the truth. Defendants use it to hide the truth.
- Class actions legislation doesn’t create new causes of action, judges do.
- The law of negligence is “love thy neighbour”. Contracts and trusts is “thy will by done”.
- Lawyering is the art of adding and subtracting words.
- All answers to arguments against certification are in The Class Actions Act. All arguments against certification aren’t.
- “common question” is not “same answer”.
- There is no “plaintiff class”. Class members are not plaintiffs. A class is not a legal entity.
- There’s no “class counsel”. That’s American. In Canada, the representative plaintiff represents class members, and a lawyer represents the representative plaintiff.
- In Morguard, LaForest J. expanded the jurisdiction of provincial courts. Defendants use Morguard to restrict it.
- The “real and substantial connection” test is neither “real” nor “substantial”.
- Not all individual issues require individual participation.
- “possible” is not “preferable”
- “presence” is not “predominance”
- The best quotes are between two pages of the transcript.
Here are a few for the defence bar to enjoy.
- If the facts ain't on your side, argue the law. If the law ain't, argue the facts. If you can't win on the law or facts, impugn the conduct of plaintiff’s counsel. Better yet, do that anyway.
- If you can’t beat the case the plaintiffs propose, argue against one they didn’t. Where possible, make it misrepresentation.
- “liability” is the worst of words. Exploit the ambiguity of “liability”.
- Liberally employ “ism” and “ity” to turn simple words into sophisticated legal doctrines.