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Analysis

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Thursday, December 22, 2016 @ 7:00 PM

Internet changing face of commercial laws

At a time when consumers can purchase just about any goods or services — and even conduct financial transactions — through the Internet, retailers in multiple sectors and industries are voluntarily choosing or are being forced to close an increasing number of physical stores and branches. ... [read more]

Thursday, December 15, 2016 @ 7:00 PM

Claimant caught in coverage 'black hole'

In Cankaya v. Intact / Cankaya v. Unifund FSCO A14-009220, the claimant, Murat Cankaya, was working on the engine of a 2001 BMW vehicle he was about to repair at his mechanic shop. He sustained multiple injuries during the repair. He was acting in the course of his self-employment as a garage repairman when the incident occurred. ... [read more]

Thursday, December 15, 2016 @ 7:00 PM

Expert opinion backs up chronic pain claim

The Supreme Court of Canada’s seminal decision in Nova Scotia (Workers Compensation Board) v. Martin [2003] 2 S.C.R. 504, marked the first time the court addressed the traditionally held view of chronic pain syndrome. ... [read more]

Thursday, December 15, 2016 @ 7:00 PM

MVA victims left unrepresented

Recent changes to the law surrounding motor vehicle accidents in the name of expedient and fair justice has had the perverse effect of leaving many injured victims unable to find legal representation.  ... [read more]

Thursday, December 15, 2016 @ 7:00 PM

Neutralizing jury bias

If you have been following personal injury decisions in Ontario lately, you have noticed the trend. For the most part, juries have been giving injured victims unfavourable results, including shutting them out of any compensation. Not long ago, personal injury lawyers were filing jury notices with nearly every claim. Now a significant number of personal injury lawyers prefer a judge alone trial.  ... [read more]

Thursday, December 15, 2016 @ 7:00 PM

Adding up long term disability tax implications

Lawyers handling long-term disability (LTD) claims know that certain policies provide benefits that are taxable while most others are non-taxable. Generally speaking, if the employee pays the premium for the policy (with their own after-tax dollars), then the benefit will be non-taxable. If the employer pays the premium, then the benefit will be taxable. ... [read more]

Thursday, December 15, 2016 @ 7:00 PM

Think about insurance when riding in the bike lane

Recognizing that cycling is an increasingly popular form of transportation, is environmentally friendly, a great way to exercise and something that helps limit the growth of car traffic, many cities have installed bike lanes and other cycling infrastructure to make it easier and safer to ride. ... [read more]

Thursday, December 08, 2016 @ 7:00 PM

Mitigating class actions

Over the last 20 years, practitioners, academics and the courts have come to recognize that arbitrated justice is equal, not inferior to, adjudicated justice. More recently, Canadian courts have considered the applicability of arbitration clauses in the context of class proceedings in order to secure a fair and expeditious outcome of legal issues. ... [read more]

Thursday, December 08, 2016 @ 7:00 PM

Charities at risk

The Financial Action Task Force (FATF) released its 2016 mutual evaluation report on Canada’s anti-money laundering and counter-terrorist financing measures on Sept. 15.  ... [read more]

Thursday, December 08, 2016 @ 7:00 PM

Decision justifies safety over religious rights

On Sept. 21, in Singh et al. vs. Montreal Gateway Terminals Partnership et al. 2016 QCCS 4521, the Superior Court of Québec, speaking through Justice André Prévost, rendered an important decision to the effect that the level of dangerousness of a workplace and the real risks of injury which can occur there justify marine terminal operators favouring health and safety, even at the expense of the right to freedom of religion pursuant to the Quebec Charter of Human Rights and Freedoms (the Quebec Charter) and the Canadian Human Rights Act. ... [read more]