Category: Miscellaneous

The Fourth Monkey Speaks

monkey_holding1May 31, 2017

From June 1, 2017 onward, it won’t be quite necessary for hell to freeze over and host a New Year’s Day NHL outdoor game between the Toronto Maple Leafs and the Montreal Canadiens before this blog contains new commentary on any Canadian trial level or provincial appellate level decision dealing with proof of factual causation. However, the occasion will have to be something equally remarkable.

June 1, 2020 October 31, 2016

This blog will remain mostly dormant  inconsistently active, usually, and consistently mostly harmless, inevitably, for the foreseeable future. However, comments are now open, again, although what’s here is mostly past not prologue. But, that re-opening comes with a caveat. Click on “continue reading”, below, to read the caveat.

November 9. 2020

I wasn’t dead. Just went walkabout. But the pandemic put a crimp in those plans, at least for now.

One of the advantages of having not practising law in Ontario since the end of 2012 was that I didn’t have to explain that I wasn’t related to the person with the same surname whose name too often appeared in the Ontario Reports, in the style of cause, on the wrong side of the  “v.”.

If a wall still exists where the Osgoode Hall class-year pictures are / were hung, I’m in 1975 year’s picture. I’m wearing a brown sweater with gold rectangles tilted so the vertex of one corner points up, over a green shirt hat had white polka dots. The picture is in black and white, though, so you won’t see the colours. There might even be pictures of the 1972-75 hockey OWLS around. I’m the goalie with the longer hair, and the poor attempt at a moustache, in the first two years. The 1975 picture was taken towards the end of 3rd term. Articling was on the horizon.

For the future? Unlike Ozymandias, I look back on my own works and despair. But I’m not quite Outis, yet. If a judge of the (now defunct) House of Lords was prepared to say “never say never”, not that long ago,  who am I to disagree?

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I’m number #2,003,514

According to, my long-out-of-print Apportionment of Fault in Tort (Toronto, Canada Law Book, 1981) – yup, that’s the publication year – is “#2,003,514 in Books”.  The ranking is, apparently, of Amazon’s “most popular products based on sales”.  Unfortunately, the site doesn’t provide an obvious way to find out what books are just ahead and just behind mine. Nor does the site provide an obvious way of finding out how many books lists.