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Friday, February 15, 2019 @ 9:32 AM

DLA Piper adds litigator as counsel in Calgary office

DLA Piper (Canada) LLP announced that Katrina Edgerton-McGhan has joined the firm’s Calgary office as counsel in the litigation, arbitration and investigations group. ... [read more]

Thursday, February 14, 2019 @ 1:06 PM

B.C. trial lawyers raise concerns about auto insurance settlement policy Ron Nairne, president, Trial Lawyers Association of British Columbia (TLABC)

The Trial Lawyers Association of B.C. (TLABC) is raising concerns the case settlement policy of the provincially owned auto insurer will lead to an increase in the number of trials and hamper people’s ability to receive proper settlements for their claims. ... [read more]

Thursday, February 14, 2019 @ 9:25 AM

B.C. legal community questions changes to ICBC policy limiting number of expert witnesses Scott Stanley, Murphy Battista LLP

The B.C. government is moving to change court rules to limit the number of expert witnesses in motor vehicle cases, but the move is being condemned by some in the legal community, who say it will restrict the rights of individual British Columbians. The amendments to the B.C. Supreme Court Civil Rules Regulation, revealed Feb. 11, will limit the number of experts and expert reports permitted to address the issue of damages, such as wage loss, future wage loss and future care that can be used by each side of a motor vehicle dispute. ... [read more]

Tuesday, February 12, 2019 @ 9:44 AM

Deadline nears for input into Ontario auto insurance review ambulancecarcrash

On Jan. 9, 2019, the Ontario Ministry of Finance in a news release titled “Reforming Auto Insurance for the People” announced it was reviewing auto insurance so as to “make auto insurance more affordable.” Consumers and insurers were invited to share their views here, something I encourage everyone to do. ... [read more]

Tuesday, February 12, 2019 @ 8:46 AM

AUTOMOBILE INSURANCE - Accident benefits - Definitions

Appeal by the insurer from a decision dismissing its summary trial application to dismiss the respondent’s action for damages for personal injuries sustained when an unidentified vehicle struck him while on the sandbar. ... [read more]

Thursday, February 07, 2019 @ 9:51 AM

Chief Justice Wagner improves public communication, brings new ideas, change to top court, CJC and NJI TLD Exclusive

Richard Wagner, Canada’s reform-minded top judge, has already overseen changes at the three major legal institutions he leads — the Supreme Court of Canada, the Canadian Judicial Council (CJC), and the National Judicial Institute (NJI) — and there are more changes to come, he advises in a wide-ranging exclusive interview. ... [read more]

Tuesday, February 05, 2019 @ 1:26 PM

Jail sentences in labour rulings could become more common Man in Dark Cell

There have been thousands of Occupational Health and Safety Act (OSHA) convictions in Ontario, but less than two dozen jail sentences. ... [read more]

Tuesday, February 05, 2019 @ 9:26 AM

Federal Court approves settlement in ‘novel’ employment insurance class action Stephen Moreau, Cavalluzzo LLP

A Federal Court justice has approved a class action settlement in a case brought on behalf of people who were denied employment insurance (EI) sickness benefits because they were on parental leave at the same time as their illness. ... [read more]

Friday, February 01, 2019 @ 11:18 AM

Summary judgment motions in MVA cases are viable options carswervinginsnow_sm.jpg

In the recent decision of Pavlovic v. Vankar 2019 ONSC 61, the Ontario Superior Court of Justice granted a summary judgment motion and dismissed a lawsuit against an injured plaintiff and a cross claim by the co-defendant. In doing so, the court signalled that summary judgment motions in motor vehicle accident (MVA) cases, in certain contexts, are viable options worthy of consideration. The motion was granted despite there being conflicting evidence on a key liability issue. ... [read more]

Thursday, January 31, 2019 @ 2:03 PM

Time to expand analysis of the merits in all class actions classaction_arrow_sm

Class actions are complicated and expensive. They carry significant risk. As a result, the vast majority of class actions settle prior to trial, and a substantial proportion settle relatively soon after a successful certification motion. Because parties are generally unwilling to fight a matter through trial, the certification motion becomes the inevitable battleground for disputes. ... [read more]