Civil Banter

Cottage season is underway, and with more boats on Ontario’s waterways, questions around liability and insurance are more relevant than ever. In this episode of Civil Banter, our hosts dive into the legal side of boating accidents. Who’s at fault when something goes wrong on the water? What kind of insurance applies? And what should you know before heading out on the lake? Our hosts break it all d...

In episode 14 of Civil Banter, Hamish and Stan unpack one of the most consequential findings in Ontario accident benefits law: catastrophic impairment. From million‑dollar benefit caps to complex medical and legal tests, the stakes couldn’t be higher. Our hosts break down how catastrophic impairment is determined, why insurers often push back, and what injured people need to know about navigating...

In this episode of Civil Banter , Stanford Cummings and Hamish Mills McEwen break down what really happens in slip and fall cases (a timely topic during Ottawa’s freeze–thaw season). After opening with Two Truths and a Lawyer featuring colleague Kiran Uppal the hosts explore how black ice forms, which injuries they see most often, and why strict notice deadlines for municipal and private property...

In this episode of Civil Banter , Hamish and Stan break down what waivers are and when they can prevent someone from suing after an injury. Using a 2024 Ottawa case ( Bernier v. City of Ottawa ), they explain how courts assess waivers and why wording, timing, and context matter. As always, the takeaway is simple: when it comes to waivers, it depends . Thank you for joining us for Civil Banter. Tun...

This episode, Hamish and Stan explore one of the most talked-about topics in law today: artificial intelligence. They discuss how AI is being used in legal practice, the risks of relying on it for research, and why courts are introducing new rules around its use. They also answer two common client questions: whether conversations with a lawyer are truly confidential and whether there’s a maximum a...

In this episode of Civil Banter , Hamish and Stan pull back the curtain on one of the most talked-about (and often misunderstood) aspects of personal injury lawsuits: surveillance. They cover: What surveillance actually looks like in practice (spoiler: it’s less James Bond and more hours of grocery store footage). When and why insurance companies hire private investigators. How surveillance eviden...

Can you be sued for hosting a party where a guest drinks too much and causes harm? In this episode, civil litigators Hamish Mills-McEwan and Stanford Cummings dig into social host liability - the legal concept that asks whether party hosts (as opposed to bars or venues) can be held responsible when guests overindulge and something goes wrong. They break down the leading Supreme Court of Canada cas...

In Episode 8 of Civil Banter , Hamish and Stan explore the ins and outs of dog owner liability in Ontario. Whether you're a dog owner, a dog walker, a landlord, or someone who's been injured in a dog-related incident, Ontario’s Dog Owners’ Liability Act (DOLA) has specific rules that may apply to you. Hamish and Stanford unpack what "strict liability" really means, who qualifies as an "owner" unde...

Hosts: Hamish Mills-McEwan and Stanford Cummings Topic: Civil Banter, Episode 7: Accident Benefits Bonanza – Part 2 In this follow-up to Part 1, Hamish and Stanford continue their deep dive into Ontario’s accident benefits system, this time exploring the key categories of benefits available to injured individuals after a motor vehicle accident. From treatment approvals to the role of occupational...

Hosts: Hamish Mills-McEwan and Stanford Cummings Topic: In this episode of Civil Banter, our hosts Hamish and Stan take a deep dive into the Ontario accident benefits system including how it works, who it applies to, and why it’s such a critical (and often overlooked) part of our insurance framework. Our hosts explain how Ontario’s no-fault system ensures access to treatment and financial help reg...

Hosts: Hamish Mills-McEwan and Stanford Cummings Topic:  In this episode of Civil Banter , Hamish and Stan break down a recent personal injury case where the plaintiff suffered an aggravated elbow injury in a parking lot collision. Stan takes a shot at estimating the jury’s award for general damages - and comes surprisingly close. They discuss how pre-existing conditions, treatment history, and th...

Hosts: Hamish Mills-McEwan and Stanford Cummings Topic: In this technical but timely episode of Civil Banter, Hamish and Stanford explore the evolving world of prejudgment interest in civil litigation. With the help of two recent Ontario Court of Appeal decisions, they break down what prejudgment interest really means, why it matters, and how it’s calculated, especially in personal injury cases. T...

Hosts: Hamish Mills-McEwan and Stanford Cummings Topic: Dive into the intricacies of civil law with Hamish and Stanford, associate lawyers at Nelligan Law, in this engaging episode of Civil Banter. This episode delves into the intersection of personal interests with professional legal practice, featuring discussions on ancient history, AI technology, and personal injury law. What You'll Learn The...

Hosts: Hamish Mills-McEwan and Stanford Cummings What You'll Learn The details of a complex family and contract law case involving the enforceability of contracts and the appeals process. Insights into how personal interests, like virtual reality, movies, and Formula 1 racing, influence and provide relief from the demanding world of legal practice. The importance of collegiality in the legal profe...

Hosts: Hamish Mills-McEwan and Stanford Cummings What You'll Learn The roles and responsibilities of associate lawyers specializing in civil litigation, personal injury, and insurance law at Nelligan Law. How general damages are calculated in Canada, the factors influencing these calculations, and the contrast with the U.S. legal system. The significance of adjusting compensation for inflation and...