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Civil Litigation

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Thursday, July 02, 2020 @ 8:55 AM

Canadian artists need better access to legal services: report Martha Rans

The legal requirements of artists in Canada have now reached a critical tipping point heightened by the COVID-19 pandemic. Action is required to address gaps, respond to the unique needs of the sector and provide information and training, according to a new report prepared by the National Network of Legal Clinics for the Arts. ... [read more]

Tuesday, June 30, 2020 @ 12:12 PM

Tips for safe, legal videoconferencing Maskwearingcomputeruser.jpg

Due to COVID-19 and social distancing, we now have no better alternative to videoconferencing. It has essentially become the new default for meetings, but this has brought about a very serious question as to whether Zoom or other videoconferences are safe for lawyers, doctors, government organizations and others to use.  ... [read more]

Tuesday, June 30, 2020 @ 9:47 AM

Blow up 2020 to start over in 2021 | Laurelly Dale

Canada Day is around the corner. I fondly remember a few years back flipping through my copy of Canada at 150: Building a Free and Democratic Society. I look forward to the sequel, Canada at 200: How Kenny vs. Spenny Became Canada’s First Dual Prime Ministers. I anticipate that it will contain at least two chapters devoted to the rapid transformation of our criminal justice system.  ... [read more]

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]

Tuesday, June 30, 2020 @ 5:51 AM

AUTOMOBILE INSURANCE - Uninsured or underinsured motorist coverage 

Appeal by the plaintiff from the post-verdict ruling regarding his Ontario Policy Change Form 44R (OPCF 44R) endorsement and in the apportionment of liability to the third party Coulthard. ... [read more]

Monday, June 29, 2020 @ 4:41 PM

Ontario Superior Court of Justice unveils first phase of courtroom reopening

Starting July 6, Ontario will resume in-person proceedings at 56 Superior Court of Justice courtrooms in the first phase of its provincewide reopening. The specific court locations are detailed in a June 25 Notice to the Profession, Litigants, Accused, Media and Members of the Public. ... [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 @ 1:26 PM

Forcing Uber driver into international arbitration unfair: SCC Lior_Samfiru_sm

Workers’ rights mean nothing “if there is no mechanism to enforce those rights,” says a lawyer following the Supreme Court deciding an Uber driver cannot be forced by the company to take his dispute with it to costly arbitration in another country because the hiring contract’s clause requiring this is unfair and, thus, invalid. ... [read more]

Monday, June 29, 2020 @ 12:12 PM

Heinen Hutchinson adds civil litigation associate

Henein Hutchison LLP announced that Daniella Murynka has joined the firm as a civil litigation associate. ... [read more]

Monday, June 29, 2020 @ 12:00 PM

Technology can create problems as well as solve them | Pamela Cross

COVID-19 has shone a light on many issues across the province/country/world: issues that existed before the pandemic and that will remain with us after it is over. We have learned (and continue to learn) a great deal during this experience, and we can use that learning as we move through and past the pandemic. ... [read more]