Publications by James Morton

James Morton is a prolific writer both of texts and in general media. James is a regular contributor on legal issues to the Ottawa Citizen, National Post, Toronto Star, Toronto Sun and the Globe and Mail. You can also read James’ weekly column, Legal Ease, in NunatsiaqOnline and its related weekly newspaper.

Texts by James Morton

Ontario Litigator’s Guide to Evidence, 7th Edition, LexisNexis, 2017
Discovery in Canadian Common Law: Practice, Techniques and Strategies, LexisNexis, 2017

Procedural Strategies for Litigators, 3rd Edition, LexisNexis, 2015
Tactics and Strategies in Civil Litigation, 3rd ed, LexisNexis, 2015
Ontario Litigator’s Guide to Evidence, 6th ed, Butterworths, 2014
Written Advocacy, Lexis-Nexis, 2013
Ontario Superior Court Practice, Annual Edition, Butterworths, From 2009 (Co-Author with Justices Killeen and Archibald)
e-discovery in Canada (2nd ed), Butterworths, 2011, Author for Family Law and Small Firm Chapters
Powers of Attorney – A Guide for Laypeople, Amazon, 2011
Who gets my stuff when I die? Estates questions and answers for laypeople, Amazon, 2011
e-discovery in Canada, Second Edition, Butterworths, 2010, Author for Family Law and Small Firm Chapters
Ontario Litigator’s Pocket Guide to Evidence, 5th ed, Butterworths, 2010 – also Alberta, British Columbia and Nova Scotia editions
Discovery in Canada, CCH 2009, Co-Author with Justice Archibald and Corey Steinberg
e-discovery in Canada, Butterworths, 2008, Author for Family Law and Small Firm Chapters
Ontario Superior Court Practice, 2008 Edition, Butterworths, 2008 (Co-Author with Justices Killeen and Archibald)
Procedural Strategies for Litigators (2nd ed.), Butterworths, 2007
Ontario Litigators Pocket Guide to Evidence, (4th ed), Butterworths, 2007
Ontario Courtroom Procedure, Butterworths, 2007 (Contributor — editor Justice Ferguson)
Litigators Pocket Guide to Evidence, (3rd ed), Butterworths, 2005
Discovery: Principles in Practice, CCH, 2004, Co-Author with Justice Archibald
Pocket Guide to Evidence, (2nd ed), Butterworths, 2002
A Guide to Costs in Ontario, CCH, 2002, Co-Author with Justice Killeen
Essential Estate Administration, CCH, 2002, Co-Author with Risa Stone
Ontario Superior Court Practice (2001/2002), June 2001, CCH, Co-Author with Mr. Justice Killeen and Andrew James (Annotated Rules of Superior Court Practice B Annual)
Cases and Materials for Advanced Evidence, York University, 2001 (co-editor with Mr. Justice Archibald)
Written Advocacy, Butterworths, 2001, Co-Author with Michael Freeman
Ontario Superior Court Practice (2001), August 2000, CCH, Co-Author with Mr. Justice Killeen and Andrew James (Annotated Rules of Superior Court Practice B Annual)
Pocket Guide to Evidence, Butterworths, 2000
Procedural Strategies for Litigators, Butterworths, 1998 co-author with Michael Iacovelli (Special Western Canada Edition released Butterworths, 2001)
Evidence: Cases and Materials, York University, 1997 (editor)
Limitation of Actions, Canadian Encyclopedic Digest (Ontario) and Canadian Encyclopaedic Digest (Western) (1995)
Search and Seizure Law in Canada, Carswell, 1990 co-author with Scott Hutchison
Limitation of Actions, Canadian Encyclopaedic Digest (Ontario) (1988)
Limitation of Civil Actions, Carswell, 1988
Presumption of Innocence, Carswell, 1987 co-author with Scott Hutchison

Conferences and Conference Papers

Ethical Dilemmas, CPD on Time, May 2, 2015
Modern Written Advocacy, CBA National, April 16, 2015
Osgoode Professional Development, National Conference on Aboriginal Criminal Justice Post Gladue, April 11, 2015
Hearsay and the Voir Dire, Presentation to Ontario Court of Justice, January 27, 2015
Client Misconduct & Preserve Privilege, Law Society of Nunavut, December 2, 2014
Dealing with Bullies, Law Society of Nunavut, November 5, 2014
Conflict of Interest, Law Society of Nunavut, October 29, 2014
Young Advocates (Advocates Society), Debate and Oral Advocacy Evening – Presenter, February 6, 2014
Negotiation, Law Society of Manitoba, February 3, 4, 2014
Ethical Considerations in Examination of Witnesses, Commons Institute January 28, 2014
Law of Evidence for Civil & Criminal Practitioners, Canadian Bar Association, November 26, 2013
Osgoode Professional Development, Evidence Law for the Civil Litigator, Chair, October 29, 30, 2013
Documentary Evidence in Civil Matters, The Litigator, October 2013
Evidence Law for Personal Injury Lawyers, Osgoode Professional Development, April 26, 2013
“A Three Step Approach to Evidence Issues, Documentary Evidence and the voir dire” – A Full Day Review, Ontario Court of Justice Conference, April 11 and 25, 2013
Advanced Examinations, PSO, March 30, 2013
E-Commerce and Regulation, Osgoode Hall Law School, LL.M. Program, March 4, 2013
The Case for Traditional Knowledge: Forget-me-not! CBA (NU) November 7, 2012
Osgoode Professional Development, Nuts and Bolts Evidence Law for the Civil Litigator, Speaker, October 31, 2012
Osgoode Professional Development, Evidence Law for the Civil Litigator, Chair, October 30, 31, 2012
Hearsay Developments, CBA (Nunavut) September 24, 2012
Steinberg Morton Hope and Israel firm seminar, Civility and Ethics, Groia Decision, July 10, 2012
Ontario Court of Justice: Justices of the Peace “Hearsay Evidence and the voir dire” – A Full Day Review, June 6, 2012
Steinberg Morton Hope and Israel firm seminar, Opinion Evidence, December 13, 2011
Ontario Bar Association, Practice Review: A Review, Speaker, November 30, 2011
Osgoode Professional Development, Evidence Law for the Civil Litigator, Chair, October 24, 25, 2011
Canadian Bar Association, National CLE, “Wigmore Criteria and the evolution of exclusion of confidential communications”, Speaker, October 21, 2011
Law Society of Upper Canada, Personal Injury Law and Practice, Evidentiary Issues for Personal Injury Litigation, Speaker, September 28, 2011
Ontario Provincial Prosecutors Conference, Privilege, September 21, 2011
Steinberg Morton Hope and Israel firm seminar, Issues in Privilege, August 13, 2011
Steinberg Morton Hope and Israel firm seminar, Ethical Issues in Assessment of Costs, June 14, 2011
Law Society of Upper Canada, Limitations Issues and PIPEDA Issues Relating to Debt Collection, Speaker, April 14, 2011
“Civil Litigation for Law Clerks”, LSUC, November 16, 2010 (Chair and Speaker)
Osgoode Professional Development, Evidence Law for the Civil Litigator, Chair, October 7, 8, 2010
Ontario Provincial Prosecutors Conference, Ethics, September 21, 2010
Law Society of Upper Canada, Evidence – Step by Step, June 3, 2010
Ontario Bar Association, Annual Institute, Evidentiary Developments in 2009, February 16, 2010
Law Society of Upper Canada, The Missing Client, January 25, 2010
Osgoode Professional Development, Evidentiary Issues and Social Networking Sites, January 13, 2010
Ontario Bar Association, October 28, 2009, Practice Review – A Review, speaker
Law Society of Upper Canada, The New Rules, October 14, 2009, chair and speaker
Ontario Provincial Prosecutors Conference, Cross Examination, September 21, 2009
Osgoode Professional Development, Evidence Law for the Civil Litigator, September 23, 24, 2009, chair and speaker
Ontario Provincial Prosecutors Conference, Evidence and the Voir Dire, May 6, 2009
Ontario Court of Justice: Justices of the Peace “Hearsay Evidence” – A Full Day Review, February 11, 2009
Osgoode Hall Law School Master of Laws: Electronic Discovery, A New Wild Wild West. February 9, 2009
Osgoode Professional Development – 5th Annual Conference – Evidence Law for the Civil Litigator, Chair, October 17 and 17, 2008
Ontario Bar Association, Offers to Settle, May 22, 2008
Paralegal Society of Ontario, Annual General Meeting Keynote Speaker – Barristers, Solicitors, Lawyers and Paralegals – – Back to the Future, May 10, 2008
Ontario Court of Justice: Justices of the Peace “Hearsay Evidence” – A Full Day Review, April 2, 2008
Discovery Techniques and Strategies, Advocates Society, February 19, 2008
Ontario Court of Justice: Justices of the Peace Provincial Offences Act Trials II, November 22, 2007
“Civil Litigation for Law Clerks”, LSUC, November 16, 2007 (Chair and Speaker)
National Judicial Institute: Superior Court of Justice – Fall Education Seminar, November 7, 2007
Ontario Bar Association – Remedies Fast Forward, October 31, 2007
Osgoode Professional Development – Personal Injury Law and Practice, October 17, 2007
Fall 2007 Justice of the Peace Conferences – Administrative Law, the Provincial Offences Act and the Charter, September 27, 2007
Osgoode Professional Development – Evidence Law for the Civil Litigator, Co-Chair, September 19 and 20, 2007
Rule 76 Trials – OBA, Civil Litigation Section, May 14, 2007
Your First Civil Appeal – OBA Professional Development, Co-Chair, May 7, 2007
Advocates Society Program – Civil Litigation Skills Certificate Program: Discovery Done Right, Chair, April 19, 2007
Annual Central East Advocacy Conference, Making Trials Affordable – Simplified Procedure (Speaker), March 2, 2007
Grid Talk 2006: Judging Costs, Chair, OBA, November 27, 2006
“Judicial Vacancies” in 26th Annual CCLA Annual Civil Litigation Update
“Civil Litigation for Law Clerks”, LSUC, October 24, 2006 (Chair and Speaker)
Third Annual Evidence Conference, Osgoode Professional Development, September 28, 2006
Electronic Documents and E-Discovery, OBA jointly with Essex Law Association, June 6, 2006
The Missing Client, LSUC, May 31, 2006
Conduct of Wrongful Dismissal, LSUC, May 2006
Second Annual Personal Injury Law and Practice – New Developments in Practice and Procedure, Osgoode Professional Development, April 27, 2006
Wrongful Dismissal – New Defendants and Expanded Heads of Damage, LSUC, March 2006
Round Table in Advanced Civil Procedure, Chair, LSUC, February 28, 2006 and March 7, 2006
Chair of Subcommittee of CBA National Civil Committee Responding to CCIR Discussion Paper on Privilege and Whistleblowers — Report February 2006
Electronic Discovery and the New ED Guidelines, OBA, November 28, 2005 (Speaker)
The Twelve Minute Civil Litigator – Best Practices for Injunctions, LSUC, November 1, 2005
Junior Counsel Series: Ready, Set, Litigate! Advocates Society, October 26, 2005
“Litigation for Law Clerks”, LSUC, October 21, 2005 (Chair and Speaker)
Evidence Law for the Civil Litigator, Osgoode Hall Law School, York University, September 23, 2005
Appeal of Fact, Canadian Bar Association, April 16, 2005
Dynamic Discoveries, Advocates Society, March 31, 2005
Your First Civil Trial, OBA CLE February 25, 2005
How to be a Good Second Chair, YLD Breakfast Sizzler, January 2005
Complex Issues in Tort Litigation: Practice and Procedure, Osgoode Hall Law School, October 22, 2004
Evidence Law for the Civil Litigator, Osgoode Hall Law School, York University, October 14, 2004
The Advanced Roundtable in Civil Litigation, LSUC, October 7, 2004 and January 12, 2005
Everything in Costs, LSUC, September 28, 2004
Conducting a Civil Action Efficiently and Effectively: Practical Strategies, LSUC, June 11, 2004
Discovery Best Practices: Practical and Effective Tools to Guide You Through the Discovery Process, LSUC, June 7, 2004
Severance and Termination – The Changing Landscape, LSUC, March 3, 2004 (Chair)
Ethics of Tactics over Merits, OBA Contributor and Speaker, November 2003
Divisional Court Appeals, Insight Programs October 2003 (Speaker)
Grid Talk, OBA, Chair and Speaker October 2003
The Effects of the Charter of Rights and Freedoms on Ordinary Canadians, LLIR (Glendon College), September 2003 (Speaker)
Discovery – Demonstrations and What Works, Advocates Society, June 2003
Annotated Injunction Material, LSUC, May 2003
Wrongful Dismissal: Navigating the Concurrency Maze, LSUC, April 2003
Annual Institute, OBA Speaker, 2003
“Controlling Discovery”, New Lawyers – Practice and Proceeding, LSUC, November 2002
“Litigation for Law Clerks”, LSUC, October 2002 (Chair and Speaker)
Grid Talk – Judging Costs, OBA, October, 2002 (Chair and Speaker)
“Advanced Motions and Interlocutory Strategies”, OBA-CLE, October 2002
OBA Institute 2002, Civil Litigation – Effective Trial Evidence; Proving the Case, Chair
“Conduct of the Wrongful Dismissal File”, LSUC, February 2002 (Chair and Speaker)
“Cost Effective Advocacy – Use of the Rules”, OBA, February 2002
“Examination Techniques in Civil Motions”, OBA, May 2002
“International Law Program – Cross Border Enforcement of Judgments”, OBA, April 2002
“Injunctions – New Developments and Cases”, OBA, November 2001 (Chair and Author)
“Discovery and Trial Preparation”, Annual Employment Law Forum LSUC, November 2001
“Coming Clean With Practice Advisory”, OBA, October 2001 (Chair)
“Litigation for Law Clerks”, LSUC, October 2001 (Chair)
“Civil Litigation – A CLE Update”, Frontenac Law Association, September 2001
“Bringing the Claim”, Part of Deadbeat Dilemmas, CBAO April 2001
Civil Litigation Forum – A Two Day Annual Program, LSUC November 2000 (Chair)
“Civil and Criminal Law: Increasingly Intertwined?”, CBAO October 2000 (Chair)
Theory of the Case: The Art of Persuading a Judge, LSUC April 2000 (Chair and Editor)
“Evidence Refresher – New Developments”, CBAO February, 2000
“Privilege and Production in Discovery”, CBAO January, 2000
CBAO Institute 2000, Civil Litigation — Documentary Production and Discovery, Chair
Proof in Civil Sexual Harassment Claims, CBAO/CLE, 1999 (part of “Developments in Sexual Harassment Law”)
“Motions for Judgment — Rule 20 and Rule 21”, Insight Information (Toronto), July 21, 1999 and August 25, 1999
The Rules of Civil Procedure — Getting Them to Work for You, Insight, 1999 (part of “Summer School for Lawyers”)
Real Estate Primer — Doctoring the Sick Deal, CBAO/CLE, 1999, Moderator
Creative Use of the Rules Before Trial, CBAO/CLE, 1999 (part of “A Practical Guide to Conducting a Civil Action”)
The Simplified Rules — A Review, CBAO, 1999
Canadian Bar Association Annual Institute: Civil Litigation, 1999, Contributor and Moderator
Discipline before the Law Society, CBAO, 1998, Chair and Contributor
The Simplified Rules Simplified, LSUC, 1998
Franchising: Pizza, Beer and Gas, Must They Always Go Together?, CBAO, 1997 (editor and contributor)
Limitations: Defusing the Ticking Timebomb, CBAO, 1997 (editor)
“Mortgage Remedies — An Introduction”, CBAO, 1996

Articles

Law Now Relating Law to Life in Canada, A Tough-on-Crime Approach to Justice, January/February 2009
Franchising for Auto Mechanics, Canadian Business Franchise, November 2007
Divisional Court Appellant Jurisdiction – A Primer, Toronto Law Journal, May 2006
Canadian Council Of Insurance Regulators Relating To Privilege And Whistler-Blower Protection, Canadian Bar Association, February 2006
Stay of Proceedings for Misconduct During Litigation, Toronto Law Journal, February 2006
Law and Order: Differences in Canadian and American Approaches, Toronto Star, February 27, 2005
Hearsay: Is the Principled Approach Unprincipled, National Judicial Institute reprint 2005
Hearsay: Is the Principled Approach Unprincipled, Annual Review of Civil Litigation 2003
Lawyers’ Safety Affects All, Toronto Star, December 10, 2003
Making Rudeness Pay, Lawyers Weekly, October 10, 2003
Proposed Amendments to the Small Claims Court Rules Report (Committee Member), Fall 2003
Case Comment Alan Webster Family Trust, OBA Civil Litigation Newsletter, October 2003
Justicia – A Symbol of Justice, Law Times, August 18, 2003
Commissioning an Affidavit, Bar Admission Course Professional Responsibility Materials (February 2003)
Costs and Reasonable Expectations, Advocates’ Quarterly, Summer 2003, co-authored with Ben Hanuka
Changes to the Simplified Procedure, Part of Materials for York University’s LL.M. in Civil Litigation and Dispute Resolution, May 12, 2003
The National Organization for Women (California) Family Court Report 2002, Ontario Bar Association, Voices, September 2002
Fixing Costs Under the Costs Grid, The Litigator, Spring 2003
Expectations a New Key in Cost Awards, Lawyers Weekly, October 18, 2002 with Ben Hanuka
Simplified Procedure, Part of Materials for York University’s LL.M. in Civil Litigation and Dispute Resolution, October 24, 2000
Evaluation Report to the Rules Committee on the Simplified Procedure (1998 – 2000), released October 2000, Co-Author
Submission to the Attorney-General Regarding Changes to Solicitor/Client Assessment Proceedings, Committee Member , November 1999
Beware of Spouses Bearing Gifts — ITA Deeming Provisions Between Spouses, Matrimonial Affairs, April 1999
Federalism — European Community as an Example of an Archetype, University of Leicester (LL.M. Thesis), November 1997
Contributor to Lawyer’s Desk Book, Carswell
Photometric Observations of AC Booties, (1983), 52 Astronomy and Astrophysics Supplement Series 463
Nightsky Changes During the Lunar Eclipse, Observatory, Fall 1982
Reviewer for “Books in Canada”, a Canadian literary review magazine
Contributor to the “Round Table”, the University Club magazine