Civil Banter

Hamish Mills-McEwan, Stanford Cummings

This is Civil Banter with Hamish and Stan, two associate lawyers at Nelligan Law practicing civil litigation and all things injuries and insurance.

  1. Catastrophic Impairment: The High-Stakes Determination

    APR 17

    Catastrophic Impairment: The High-Stakes Determination

    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 a system where life‑changing decisions can be made in just a few days. Thank you for joining us for Civil Banter. Tune in for more insightful discussions about all things civil litigation.

    21 min
  2. Grounds for a Lawsuit: All About Slips and Falls

    MAR 18

    Grounds for a Lawsuit: All About Slips and Falls

    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 falls can determine whether a claim survives. They also discuss the importance of identifying who owns the property, what evidence to gather immediately after a fall, and how tools like surveillance footage and weather data help establish what happened. The episode wraps with a clear explanation of negligence, contributory negligence, and the higher “gross negligence” standard that applies to municipalities. Questions or ideas? Email: civilbanter@nelliganlaw.ca Thank you for joining us for Civil Banter. Tune in for more insightful discussions about all things civil litigation.

    24 min
  3. Before You Sign That Waiver

    FEB 4

    Before You Sign That Waiver

    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. Tune in for more insightful discussions about all things civil litigation.

    29 min
  4. AI vs. JD

    JAN 7

    AI vs. JD

    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 amount you can sue for. Tune in to learn about solicitor-client privilege and its rare exceptions, how monetary limits work in Ontario courts, and why AI should be treated as a drafting aid rather than a replacement for legal judgment. Thank you for joining us for Civil Banter. Tune in for more insightful discussions about all things civil litigation.

    25 min
  5. I Spy With My Legal Eye..

    2025-09-04

    I Spy With My Legal Eye..

    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 evidence makes its way into court (and when it doesn’t).The difference between surveillance and social media evidence.Why juries may view surveillance with skepticism, and how it can sometimes backfire.Listen now for all things civil litigation! Thank you for joining us for Civil Banter. Tune in for more insightful discussions about all things civil litigation.

    36 min
  6. Pour Choices: When a Party Turns into a Lawsuit

    2025-08-06

    Pour Choices: When a Party Turns into a Lawsuit

    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 case (Childs v. Desormeaux), explain the difference between social and commercial hosts, and explore how different facts lould shift legal responsibility. Also covered: - What the courts currently say about liability for house parties - Why this area of law hasn’t changed much in almost 20 years - How future cases or legislation could open the door to expanded liability - Real-world examples and how “tweaking the facts” might affect outcomes   Thank you for joining us for Civil Banter. Tune in for more insightful discussions about all things civil litigation.

    20 min
  7. The Dog Days of Summer

    2025-07-16

    The Dog Days of Summer

    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" under the law (hint: it’s broader than you might think), and how recent court decisions have shaped the interpretation of this legislation. Plus, they answer some listener questions—like whether lawyers wear wigs in Canadian courtrooms—and recap Stanford’s recent adventure at Escapade 2025. Thank you for joining us for Civil Banter. Tune in for more insightful discussions about all things civil litigation.

    32 min
  8. The Accident Benefits Bonanza, Part 2

    2025-06-25

    The Accident Benefits Bonanza, Part 2

    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 therapists, they walk through what these benefits look like in real life and how they actually get accessed. They cover medical and rehabilitation benefits and explain what falls under the Minor Injury Guideline. They also take time to talk about pre-existing conditions, what “reasonable and necessary” treatment really means, and how to navigate the system when things aren’t straightforward. A new segment makes its debut in this episode: You Auto Know, where Stanford tests Hamish on a real accident benefits case. The fact pattern? A cyclist, an oil slick, and the question of whether it qualifies as a motor vehicle accident under Ontario law. (Spoiler: it’s more complicated than you’d think.) As always, the episode includes a dose of real life. Stanford shares highlights from a two-night Metallica concert in Toronto, while Hamish reflects on summer driving season and his love for six-speed manuals. It’s all part of the banter. They close things out with a shout-out to Kevin Padley, who not only manages the Nelligators softball team but also delivers firm-wide, post-game recaps, and once wore the firm’s new mascot costume at a town hall. Contact Information: Email: civilbanter@nelliganlaw.ca Social Media: instagram.com/nelliganlaw facebook.com/nelliganlaw Thank you for joining us for Civil Banter. Tune in for more insightful discussions about all things civil litigation.

    49 min
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Ratings & Reviews

5
out of 5
7 Ratings

About

This is Civil Banter with Hamish and Stan, two associate lawyers at Nelligan Law practicing civil litigation and all things injuries and insurance.

Information

  • Creator
    Hamish Mills-McEwan, Stanford Cummings
  • Years Active
    2025 - 2026
  • Episodes
    14
  • Rating
    Clean
  • Copyright
    © 2026 Civil Banter
  • Show Website
    Civil Banter