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Monday, March 08, 2021 @ 9:31 AM

Decision settles law on duty of care for snow, ice removal on municipal sidewalks, lawyers say Alex Eged, Richards Buell Sutton LLP

Legal observers are saying the door has been shut across Canada on a residential homeowner’s common law liability for snow and ice removal on a municipal sidewalk after the B.C.’s highest court ruled two property owners did not owe a duty of care to a man who slipped and fell outside their home. ... [read more]

Friday, March 05, 2021 @ 12:27 PM

Does a judge’s physical location matter? Two stick figures conferring online

In the past weeks, there have been suggestions that judges of both the Ontario Superior Court and the Ontario Court of Justice have been hearing matters while outside the country. This is causing great debate about whether this should be allowed and whether it even can be allowed. ... [read more]

Friday, March 05, 2021 @ 12:15 PM

The duty to defend does not include extrinsic evidence Woman signing insurance policy

In a recent decision in IT Haven v. Certain Underwriters at Lloyd’s, London 2020 ONSC 7835 Justice Mark Edwards of the Ontario Superior Court of Justice found that an insurer had a duty to defend a “software developer” in a U.S. action alleging copyright infringement. The insurer denied that it had a duty to defend, based on facts and evidence outside of, or extrinsic to, the pleadings in the U.S. action, and the policy in question. ... [read more]

Friday, March 05, 2021 @ 9:51 AM

Impact of court ruling on B.C.’s move to no-fault insurance unclear, trial lawyers president says TLABC president Kevin Gourlay

The British Columbia government’s attempt to rein in costs at the province’s publicly owned auto insurer has been dealt another blow after a court ruled aspects of its decision to send matters to a provincial tribunal were unconstitutional. ... [read more]

Thursday, March 04, 2021 @ 9:15 AM

Agenda offers ‘roadmap to action’ on revamping justice system in British Columbia: bar association CBABC president Jennifer Brun

Despite the watershed (and much-needed) change foisted on the justice sector as a result of the COVID-19 pandemic, the Canadian Bar Association, B.C. Branch (CBABC) says much more needs to be done to improve access to the system. It has now set out a plan of action for the province to achieve that goal. The CBABC’s Agenda for Justice 2021 offers more than 40 recommendations in 22 key areas and essentially runs the gamut of the entire justice system, from legal aid to court modernization to contracts. ... [read more]

Wednesday, March 03, 2021 @ 2:01 PM

In defence of B.C.’s pronoun practice directives | Brad Regehr and Jennifer Brun

The rights of transgender and non-binary persons to equality and dignity are not open to debate — they are a matter of law. ... [read more]

Tuesday, March 02, 2021 @ 1:23 PM

Humble but unforgettable client | Ken Hill

A short elderly man (one of the few I have met who could aptly be described as roly-poly) entered my office, accompanied by a faint odour of mothballs. I couldn’t have known at the time that I was about to meet one of my all-time favourite clients. ... [read more]

Monday, March 01, 2021 @ 1:20 PM

Black history month: Going beyond statements of support | Charlene Theodore

The Ontario Bar Association’s Black History Month campaign, #StandingOnTheShouldersOfGiants, celebrated the Black lawyers who paved pathways — those tireless champions who have for decades fought the never-ending and often lonely fight for equality and inclusion in the profession. It is on their shoulders I stand as the first Black president of the OBA. I thank them and I am proud to say that their legacy is reflected in the work and the diversity of our members.    ... [read more]

Monday, March 01, 2021 @ 9:57 AM

B.C. split decision exposes divergent legal interpretation of provincial motor regulations Dan Griffith, a partner with ATAC Law Corp.

Widely divergent views of what a motor assisted vehicle is under the law factored heavily into a recent split decision by the Court of Appeal for British Columbia in R. v. Ghadban 2021 BCCA 69 to uphold the conviction of a motorist for driving a scooter without a licence or insurance. ... [read more]

Monday, March 01, 2021 @ 9:43 AM

CIVIL PROCEDURE - Pleadings - Amendment of - Adding new defence

Appeal by the plaintiff from an order granting Economical Mutual leave to amend its statement of defence and allege that the acts of medical professionals and a hospital contributed to the appellant’s injuries. ... [read more]