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Analysis

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Thursday, August 08, 2019 @ 8:41 AM

Evolution of bad faith claims in Canada: Risk management suggestions Man Walking on Tightrope

While there have been a handful of cases involving alleged bad faith conduct since the Sidhu v. The Wawanesa Mutual Insurance Co. 2011 BCSC 1117 and McDonald v. The Insurance Corp. of British Columbia 2012 BCSC 283 decisions, awards for punitive damages in bad faith claims have decreased since the Whiten v. Pilot Insurance Co. 2002 SCC 18 award for $1 million. Perhaps this decrease can be explained by the trend of all litigants to settle before trial in order to avoid litigation cost and risks. The result is that fewer courts have had the opportunity to assess the bad faith conduct of an insurer. ... [read more]

Wednesday, August 07, 2019 @ 1:33 PM

Smoking in condos cloudy issue Smoking woman

As more and more people choose to live the condo lifestyle and developers continue to build larger high density condominium projects, condo boards, managers and lawyers are now faced with some unique challenges. ... [read more]

Wednesday, August 07, 2019 @ 11:14 AM

Dry eye patent held invalid when viewed through proper lens teardrops_sm.jpg

The claims of a Canadian patent are the numbered paragraphs at the end that define the scope of the legal exclusivity conferred by the patent. When inventors formulate these claims, they are faced with a dilemma. If the claims are too narrow, the defendant may have a workaround. If the claims are too broad, the defendant may be able to successfully argue that the claims are invalid because they cover old or obvious subject matter. The patentee must sometimes walk a tightrope. ... [read more]

Wednesday, August 07, 2019 @ 11:13 AM

AI poses legal challenges for health care practitioners, insurers Computer and human hands touching screen

Recent advances in health care-related artificial intelligence (AI) have generated significant enthusiasm. Researchers have created AI to, among other things, identify certain pathologies from diagnostic images, help maximize the utility of complex organ matching systems and assist in certain aspects of surgery. As these AI applications are implemented, new legal and policy challenges are emerging for both health care practitioners and the institutions that insure them. ... [read more]

Tuesday, August 06, 2019 @ 1:31 PM

Employee rights to shares on termination governed by shareholders’ agreement mendividinguppiechart_sm.jpg

In Mickelsteins v. Morrison Hershfield Limited 2019 ONCA 515 the Court of Appeal for Ontario decided that an employee’s right to purchase shares of his employer’s parent corporation under a shareholders’ agreement would be governed by that agreement, including upon termination of his employment. ... [read more]

Tuesday, August 06, 2019 @ 10:42 AM

Powers of attorney and advanced care planning: Revocation and alternatives power_of_attorney_sm

The Ontario Substitute Decisions Act, 1992 (SDA) requires an attorney for property to act diligently, with honesty and integrity and in good faith. It is also the attorney’s duty to explain his or her powers and duties to the incapable person, to encourage the person to participate in decisions about his or her property, to foster regular personal contact with the incapable person and supportive family members and friends, to consult with those supportive family members and friends, and to keep proper accounts of all transactions involving the incapable person’s assets. ... [read more]

Friday, August 02, 2019 @ 2:26 PM

Remedies to address abuse, negligence allegations in care homes Elderly man facing window

Over the past decade the number of injuries sustained by elderly residents in long-term care homes in Ontario has increased dramatically; so much so the province’s ombudsman launched a systematic investigation into this issue in 2010. A legislative overhaul of care homes in the province was made shortly thereafter. ... [read more]

Friday, August 02, 2019 @ 11:13 AM

Climate-related financial disclosure in spotlight Industrialpollution.jpg

Many companies in various sectors consider the potential revenue from climate-related opportunities to be higher than the financial impacts of climate-related risks, which are likely to emerge within five years. This is one of the conclusions drawn from the Global Climate Analysis published in June by the Carbon Disclosure Project (CDP). ... [read more]

Thursday, August 01, 2019 @ 1:41 PM

Oland trial highlights presumption of innocence notguilty

On July 19, 2019, Dennis Oland was found not guilty in the bloody, bludgeoning death of his father, New Brunswick multimillionaire Richard Oland. Proceedings spanned eight years — including a conviction, successful appeal, retrial, mistrial, and ultimately, an acquittal. ... [read more]

Thursday, August 01, 2019 @ 12:51 PM

Gladue role in impaired driving case Unchainedwoman.jpg

The Criminal Code contains certain provisions that apply differently in separate provinces as a result of certain provinces opting in, or not, to a particular program. An example of this was the availability of conditional discharges in matters of impaired driving. ... [read more]