Focus On



Friday, December 04, 2020 @ 1:00 PM

Inability to void policy ab initio due to misrepresentation leaves uncertainty for auto insurers Car on jigsaw puzzle

Insurance contracts require the utmost of good faith. At common law, automobile insurers can typically rescind or treat as void ab initio an auto insurance policy based on a misrepresentation or material non-disclosure of the insured who is applying for insurance. However, an automobile insurer cannot rescind a contract if it discovers a misrepresentation or non-disclosure on an application after a collision has occurred.  ... [read more]

Wednesday, December 02, 2020 @ 1:58 PM

Lawyers beware: Alternative processes may not suspend limitation period stop_clock_sm

Since the 2016 decision in 407 ETR Concession Co. v. Day 2016 ONCA 709, Ontario law is clear that where a plaintiff pursues an alternative process to a civil action in order to resolve their dispute, the two-year limitation period may be suspended. But what happens when the plaintiff pursues that alternative process knowing it may not be the right forum in which to adjudicate their claim? ... [read more]

Thursday, November 26, 2020 @ 9:41 AM

Injunction granted against municipality in fire-pit dispute on disputed lands Fire pit

A municipality’s concern over potential liability for personal injury on disputed lands has led to litigation with the owners of seasonal recreational properties in Tiny Township. ... [read more]

Thursday, November 26, 2020 @ 8:35 AM

Rule of law in era of virtual hearings: Doing justice? | Joseph Groia

Like the rest of the world, the legal profession has spent the last eight months isolating or socially distancing and implementing countless other changes. As a result, the way in which the legal system operates has undergone a significant shift. A fundamental part of this shift, and the main subject of this small note, is the move to videoconferencing technology, such as Zoom or WebEx, now widely used as a substitute for in-person meetings. ... [read more]

Tuesday, November 24, 2020 @ 8:48 AM

Detraumatizing court emptycourtroom.jpg

The legal industry lacks diversity. The Canadian Centre for Diversity and Inclusion has indicated that since 2014, the number of women and racialized lawyers becomes greatly reduced in partner and senior leader roles in our industry. Yet in many instances it is senior members of the legal profession who act as advocates and ultimate decision makers for the lives of a very diverse populace. The legal profession may thus be incapable of accounting for post-colonial trauma that emerges for many individuals by virtue of merely being in a courtroom. ... [read more]

Monday, November 23, 2020 @ 1:32 PM

Access to Justice: Will COVID-19 justice become the norm? | Beverley McLachlin

I am an optimist. In previous columns I have expressed the hope that COVID-19 will reveal the inefficiencies and gaps in how we deliver justice to Canadians and allow us to build a better justice system that combines the strengths of the current system with new thinking on how to run our justice institutions more efficiently and humanely. ... [read more]

Friday, November 20, 2020 @ 12:57 PM

Politicization of senior appointments alarms Tribunal Watch Ontario | Gary Yee and Raj Anand

Tribunal Watch Ontario is alarmed by the recent series of Ontario cabinet appointments to senior leadership positions at Tribunals Ontario, the newly created cluster of 14 justice tribunals. Conservative party connections appear stronger than qualifications in some cases. Tribunal Watch Ontario (a public interest organization with a mission to promote tribunal independence and access to justice) calls for an independent review of the appointments and reappointments processes for Ontario tribunals. ... [read more]

Friday, November 20, 2020 @ 7:50 AM

Miller Thomson partner joins International Association of Defense Counsel

The International Association of Defense Counsel (IADC) announced that Karen L. Weslowski, a partner at Miller Thomson in Vancouver, has accepted an invitation to join the IADC, the legal organization for lawyers who represent corporate and insurance interests. ... [read more]

Thursday, November 19, 2020 @ 10:42 AM

Cox & Palmer adds six associates to Halifax office

Cox & Palmer announced that Kelcie N. White, Jacob Che, Sarah Stevens, Ashley Dickey, Drew D. Ritchie and Michael M. Gallagher have joined the firm’s Halifax office as associates. ... [read more]

Monday, November 16, 2020 @ 3:45 PM

Bank of Canada, federal regulator launch pilot project on climate change risks

The Bank of Canada and the federal Office of the Superintendent of Financial Institutions (OSFI) have announced plans for a pilot project to use climate-change scenarios to better understand the risks to the financial system related to a transition to a low-carbon economy. ... [read more]