Focus On



Tuesday, June 30, 2020 @ 9:23 AM

Joint liability under Ontario Policy Change Form 44R: Third party’s policy ‘available’ Smashed car

In Tuffnail v. Meekes 2020 ONCA 340, the Court of Appeal addresses issues related to underinsured automobile coverage. The court interprets s. 7 of the Ontario Policy Change Form 44R — Family Protection Coverage (OPCF 44R) endorsement. ... [read more]

Monday, June 29, 2020 @ 3:14 PM

Workplace bullying: The other epidemic Handsonwoman

During and following the COVID-19 pandemic, there is a critical need for employers to be even more vigilant regarding their occupational health and safety responsibilities. For the past few months, workplace bullies and harassers have been methodically developing new and sophisticated tactics to virtually and digitally eliminate their target from the workplace. ... [read more]

Monday, June 29, 2020 @ 3:09 PM

Termination provisions: A whole new dimension head_questionmarks_sm

The issue of enforceability of a termination provision is one of the most frequently litigated areas of employment law. The enforceability of such provisions turns on their wording, the purpose and language of the Employment Standards Act, 2000 (ESA), and jurisprudence on interpreting employment agreements, which continues to vacillate. ... [read more]

Monday, June 29, 2020 @ 11:17 AM

Licence demerit system: Case in points coplight

Demerit points were introduced in Ontario in 1994 with O.Reg. 339/94 and O.Reg. 340/94. While people often speak of “losing points” it is actually an accumulation of points that occurs. Points accrue based largely on the perceived seriousness of the offence. For example failing to remain at an accident or failing to stop when directed by police carries seven points; careless driving and stunt driving ring in at six; most issues with signage carry two or three points; and variable offences like speeding vary in the points depending on the severity of the offence. ... [read more]

Monday, June 29, 2020 @ 9:24 AM

Fund managers and class action exposure: Implications of decision bulls_bears_sm

In Wright v. Horizons ETFS Management (Canada) Inc. 2020 ONCA 337, the Court of Appeal overturned the decision of the motion judge in Wright v. Horizons ETFS Management (Canada) Inc. 2019 ONSC 3827, and ordered that the case be remanded back to him for a determination of whether the remaining elements of the test for certification could be met. ... [read more]

Friday, June 26, 2020 @ 2:46 PM

Victory in court for assault victim, but can they collect on $6-million judgment? Hand holding dollars

On May 27, in the case of Mus v. Kozakowski [2020] S.J. No. 213, the Saskatchewan Court of Queen’s Bench awarded Robert Mus more than $6.7 million in damages after sustaining a serious brain injury as a result of a brutal attack. ... [read more]

Friday, June 26, 2020 @ 1:42 PM

Now more than ever: Lawyers must learn to write well Writer

We are lawyers and writers who teach other lawyers how to improve their writing. We see a lot of room for improvement. ... [read more]

Friday, June 26, 2020 @ 12:47 PM

Caution urged before releasing prisoners with dementia Elderinhandcuffs

Seven years ago, a B.C. judge sentenced a 63-year-old man with dementia to jail because there was no suitable place for him to live in the community (R. v. McPherson [2013] B.C.J. No. 2127). He required housing in a secure facility capable of handling dementia patients who posed a risk for violence and other inappropriate conduct, but at the time, such a placement was unavailable. Jail was the only alternative. ... [read more]

Friday, June 26, 2020 @ 11:14 AM

Return to work survey gauges employers’ concerns runningupstairs

In May 2020, Littler published its Littler COVID-19 Return to Work Survey Report, which summarizes and analyzes data from more than 1,000 in-house lawyers, HR professionals and C-suite executives, completed via an online survey tool from May 5-14, 2020. The report gauged employers’ concerns and strategies in reintroducing employees to the workplace in the wake of COVID-19.  ... [read more]

Friday, June 26, 2020 @ 9:11 AM

Remote hearings, examination of witnesses: Best practices online_courtroom_sm

With the adoption of remote hearings by the courts in this pandemic, concern has been expressed as to due process issues, particularly regarding the remote examination of witnesses. In the seminal case of Arconti v. Smith 2020 ONSC 2782 for example, the plaintiffs objected to the remote examination for discovery of a defendant because “the plaintiffs do not trust the defendants not to engage in sleight of hand to abuse the process,” among other reasons. ... [read more]