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Thursday, November 14, 2019 @ 3:58 AM

AUTOMOBILE INSURANCE - Compulsory government schemes - Rights and duties of insured

Appeal by the defendant insurer from the trial judge’s decision that it was responsible to provide insurance coverage to its insured, D’s estate. ... [read more]

Wednesday, November 13, 2019 @ 8:28 AM

Seeking compensation for wrongful deaths in B.C. HighwayofDeath.jpg

Respect for the dignity of the individual human being is the fundamental value underlying the assertion of rights in Canada. It is the basis for the rights to life, liberty, security of the person and equality under the law as articulated in the Canadian Charter of Rights and Freedoms. As expressed further in its foundational law, Canada strives to be a fair and just society.   ... [read more]

Tuesday, November 12, 2019 @ 9:11 AM

Limitation periods in disability claims: Clarke v. Sun Life Close up of June 2017 date

A recent court decision highlights the complex issue of limitation periods within the world of disability claims. It also offers an important examination of the ongoing tension in the policy positions underlying divergent perspectives. ... [read more]

Tuesday, November 12, 2019 @ 8:41 AM

AUTOMOBILE INSURANCE - Compulsory government schemes - Uninsured or underinsured coverage

Appeal by the defendant insurer from a decision of a motion judge finding that it was liable for providing uninsured accident benefits to the respondent. ... [read more]

Monday, November 11, 2019 @ 10:49 AM

Partner, two new associates join Clark Wilson

Clark Wilson announced the arrival of new partner Matthew Singerman and new associates Dani Marshall and Denny Chung to the Vancouver firm. ... [read more]

Thursday, November 07, 2019 @ 1:30 PM

B.C. concerned with ‘constitutionalization’ of adversarial expert witness system B.C. Attorney General David Eby

British Columbia is considering whether to launch an appeal of a recent decision by the provincial Supreme Court which struck down a key pillar of its efforts to rein in costs at the government-owned automobile insurance provider. ... [read more]

Thursday, November 07, 2019 @ 9:24 AM

Defendant liable for plaintiff jumping out of bus School bus

In Little v. Floyd Sinton Limited 2019 ONCA 865, the plaintiff was largely successful in an appeal involving an incident where the plaintiff jumped out of the back of a moving school bus. ... [read more]

Wednesday, November 06, 2019 @ 8:42 AM

Defining death: Court of Appeal weighs in life_support_sm

How do we know when someone has died? This question has been the subject of debate in Western societies since at least the 18th century, and in modern times has become increasingly fraught due to advancements in medical knowledge and resuscitative technology. ... [read more]

Tuesday, November 05, 2019 @ 2:07 PM

Quebec, Ottawa applaud Justice Kasirer, province’s new role in nominating Quebec SCC judges Chief Justice of Quebec Nicole Duval Hesler with Supreme Court of Canada Justice Nicholas Kasirer

The Supreme Court of Canada saw a rare display of federal-provincial unanimity Nov. 4 as the attorneys general of Canada and Quebec jointly hailed the top court’s newest judge and the province’s beefed-up role in the reformed process that culminated in Justice Nicholas Kasirer’s nomination. “The nomination of Justice Kasirer to the court is historic,” Attorney General of Canada David Lametti said of the new process during the welcoming ceremony in the Supreme Court’s courtroom which was packed with Justice Kasirer’s family and friends, along with many legal lights from the bar and bench in Quebec and across Canada. ... [read more]

Tuesday, November 05, 2019 @ 6:23 AM

AUTOMOBILE INSURANCE - Exclusions - Uninsured or underinsured motorist coverage

Appeal by AllState Insurance from summary judgment declaring that AllState was obliged to respond to the plaintiff’s underinsured coverage claim. ... [read more]