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Thursday, September 24, 2020 @ 2:48 PM

I spy with my little eye: Monitoring employee computers shockedcomputeruser_Sm.jpg

It makes sense, if you think about it. An employer hires someone to do a certain job. The employer wants to make sure that the employee is, in fact, doing the very work that they were hired to do. The easiest way to monitor employees’ use of time and employer resources is to monitor them — either overtly or covertly. Many employers have implemented computer monitoring software that logs information such as the websites visited by employees and the length of time on the websites. ... [read more]

Wednesday, September 23, 2020 @ 2:48 PM

More on out-of-province application of Ontario’s priority regime Cars colliding

In Travelers Insurance Company of Canada v. CAA Insurance Company 2020 ONCA 382, the Court of Appeal addressed the extra-provincial application of the Ontario Insurance Act in the priority dispute context. The decision provides much needed guidance for priority disputes involving accidents that occur outside Ontario. ... [read more]

Tuesday, September 22, 2020 @ 1:59 PM

Absolute liability: When does it apply? Hand receiving cheque

In light of the implications of absolute liability, it is important for defence counsel and insurers to be acquainted with the various circumstances in which this concept applies. ... [read more]

Monday, September 21, 2020 @ 2:25 PM

LSO crowd-pleaser fee relief motion the opposite of what’s needed | Jonathan Rosenthal

Let’s say a government were to go rogue and compel you to have a limb amputated. Quick! Which one would you choose? ... [read more]

Monday, September 21, 2020 @ 11:07 AM

Will pandemic finally lead to lower annual fees for Ontario licensees? | Andrew Puiras

Annual fees have been a sort of perennial issue in Law Society of Ontario (LSO) politics, causing groans but never erupting to the forefront. In the 2019 bencher election, many candidates made lowering annual fees part of their platform, but annual fees got lost in the shuffle as the statement of principles took centre stage. In 2019, Convocation lowered 2020 annual fees for lawyers by $135 to $2,066, a modest decrease of approximately six per cent from the previous year. ... [read more]

Friday, September 18, 2020 @ 8:54 AM

Gap in the law: Exposure to your ex even when you have a will bridge_gap_sm

In part one of this series we discussed the significant and often unexpected problems that can arise when a separated spouse dies without a will. We noted how such discussions are important given the significant proportion of Ontarians who simply have not executed a will. ... [read more]

Thursday, September 17, 2020 @ 10:02 AM

Court of Appeal rules on out-of-province application of Ontario’s priority regime Cars colliding

In Travelers Insurance Company of Canada v. CAA Insurance Company 2020 ONCA 382, the Court of Appeal addressed the extra-provincial application of the Ontario Insurance Act in the priority dispute context. The decision provides much needed guidance for priority disputes involving accidents that occur outside Ontario. ... [read more]

Wednesday, September 16, 2020 @ 3:59 PM

COVID-19 forces changes on majority of law practices: Survey Jana Schilder

A new survey of 400 legal professionals across Canada reveals that 67 per cent of those surveyed expect to see, or are currently experiencing, practice-related changes due to COVID-19. ... [read more]

Wednesday, September 16, 2020 @ 8:18 AM

LSO budget balance: Support for licensees and public | Joseph Groia

These are difficult times for many members of the legal professions. Like so many others across the province, the country and the globe, lawyers and paralegals have seen COVID-19 have a material impact on their practices. Now is the time for the legal community to come together and work collaboratively to respond to the very real social and financial effects of COVID-19. And, we need to do this in a thoughtful, strategic and disciplined way — resisting reckless responses in direct contrast to the havoc of the pandemic itself. ... [read more]

Tuesday, September 15, 2020 @ 11:57 AM

When is absolute liability absolute? Provisions and implications Hand receiving cheque

What is “absolute liability?” Absolute liability is the obligation of an insurer to indemnify an innocent third party who was injured by an insured while the insured was in violation of the insurance policy, and notwithstanding the injured claimant not being party to the insurance contract. In other words, an innocent third party is not prejudiced completely from recovery by an insured’s violation of the insurance policy. ... [read more]