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Civil Litigation

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Friday, November 06, 2020 @ 6:04 AM

TYPES OF DAMAGES - Emotional and mental distress - Loss of opportunity - Exemplary or punitive damages

Appeal by the defendant from the damages awarded to the respondent for defamation and the costs award. The summary trial on quantum proceeded entirely on affidavits. ... [read more]

Thursday, November 05, 2020 @ 12:40 PM

Why paralegals are force behind innovation in law firms paralegals_sm

Paralegals are already a vital resource to law firms, but with the onslaught of tools on the market that help automate the more mundane and repetitive parts of their work, they are about to become much more valuable. ... [read more]

Thursday, November 05, 2020 @ 8:41 AM

Bill 218: The death of memory | Marvin Zuker

It was on or about May 20 that the Canadian Armed Forces submitted what has to be described as a whistleblower report to the federal government as to the conditions of the long-term care homes in Ontario. In part, this report detailed cases where residents had not been fed or bathed and many were literally crying out for help. Cockroach infestation, terrible hygiene, residents being force-fed, people being left in their own feces for hours and days. ... [read more]

Thursday, November 05, 2020 @ 8:23 AM

Mitigating litigation risks, enforcement actions for financial institutions plan_B_sm

The COVID-19 pandemic, and the economic volatility and uncertainty it has created, has heightened the attention placed on consumer protection in litigation and regulatory activity involving financial institutions (FIs). The economic impact of the pandemic has also increased the risk of corporate misconduct due to conflicts of interest and other business practices that do not put customer’s interests first. These areas are a source of litigation and regulatory enforcement action. ... [read more]

Thursday, November 05, 2020 @ 6:15 AM

LIABILITIES OF MUNICIPALITY - Occupiers’ liability - Duty of care 

Appeal by the defendant, the City of Toronto, from a trial judgment finding it liable to the plaintiff, Becker, under the Occupiers’ Liability Act. ... [read more]

Wednesday, November 04, 2020 @ 4:35 PM

Halifax court to hear in-person motions for directions

Nova Scotia’s Supreme Court in Halifax will soon begin hearing in-person motions for directions, further expanding its attempts to return to normal operations. According to a Nov. 4 news release, the court’s general division will begin dealing with all motions for directions at the Law Courts of Halifax as in-person matters, starting Nov. 16. ... [read more]

Wednesday, November 04, 2020 @ 4:28 PM

Conflict brewing over whether business interruption insurance can cover pandemic-related losses Tony Vecchio, Slater Vecchio

The COVID-19 pandemic forced many small businesses to shut their doors or significantly scale back their operations, which for most has meant a loss of income. But a fight is beginning to emerge over whether those businesses will be able to receive coverage under their insurance policies to cover the losses they have endured since March. ... [read more]

Wednesday, November 04, 2020 @ 12:56 PM

Paralegals and access to justice | Grazia Condello paralegal_sm

Long before becoming a licensed paralegal, I began my career in 1998 as a law clerk in a law firm. Part of my role involved reviewing disclosure and going to the Law Library at 130 Queen St. in Toronto to research case law (before legal research was revolutionized by the Internet). ... [read more]

Wednesday, November 04, 2020 @ 12:42 PM

Fantastic truths, where to find them: Depp’s sunken libel claim Skull

In the middle of a global pandemic, you could be forgiven for not keeping tabs on Johnny Depp’s libel case against the British tabloid newspaper, The Sun. However, the recently released judgment was brought Depp’s behaviour back into the spotlight, and not in the way he had hoped. ... [read more]

Wednesday, November 04, 2020 @ 11:42 AM

Ontario Court of Appeal addresses insurance provision applicable to additional insureds Transformers

The Ontario Court of Appeal (the court) in Sky Clean Energy Ltd. v. Economical Mutual Insurance Company 2020 ONCA 558, recently addressed the availability of insurance coverage to an additional insured. The appellant in this case was the project owner (the owner), a developer of solar energy projects. The contractor was an electrical company. ... [read more]