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ARTICLE · 18 OCTOBER 2023

Bullying And Legal Ethics: A Warning From Singh v Braich

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In the legal world, mutual respect between counsel and adherence to professional standards are not just niceties – they are the cornerstone of a functional and effective justice system.

CanadaLitigation, Mediation & Arbitration

In the legal world, mutual respect between counsel and adherence to professional standards are not just niceties – they are the cornerstone of a functional and effective justice system. A recent case, Singh v Braich, provides a stark reminder that lawyers have a professional responsibility to be courteous, particularly in interactions with junior colleagues, and highlights the consequences of abusing the Rules of Civil Procedure.1

A Discovery Gone Awry

Singh v Braich centered on an examination for discovery gone wrong. Twenty minutes into the examination, counsel for the defendant asked the plaintiff about a wrist injury. The plaintiff's counsel objected, explaining that questions regarding the plaintiff's medical history more than three years preceding the accident at issue were not going to be answered. This objection was not unreasonable, regardless of whether it was ultimately correct. After a protracted period of interrupting and speaking over the

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