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Tuesday, June 18, 2019 @ 1:26 PM

Pros and cons of juries in medical malpractice lawsuits jury_trial_sm

At the outset of every medical malpractice case, a plaintiff lawyer must make a difficult decision: do I trust a judge or jury to fairly decide my client’s case? You know that it is going to be a hard-fought battle with a multitude of experts offering competing opinions on standard of care and causation. So, when does it make sense to ask for a jury versus a judge? ... [read more]

Monday, June 17, 2019 @ 2:54 PM

Major subrogation trial proves value of good record keeping oilbarrelspillclose_sm.jpg

On March 28, 2019, Justice Gillian Marriott released her decision in ISH Energy Ltd. v. Weber Contract Services Inc. [2019] A.J. No. 391 and found in favour of ISH Energy Ltd. ... [read more]

Wednesday, June 12, 2019 @ 1:49 PM

Lessons from one of Canada’s largest ever subrogation trial judgments Oilcan Spill

On July 17, 2007, a pipeline leak was discovered by ISH Energy Ltd. The leak occurred at ISH’s Desan field, in a remote area of northern B.C. The ensuing investigation revealed several leaks on three different pipelines. ... [read more]

Wednesday, June 12, 2019 @ 12:45 PM

Unclear who benefits from Ontario’s WSIB review People checking document

On May 23, 2019, the Ontario government announced a review of the Workplace Safety and Insurance Board (WSIB). Designed to find cost savings to ensure the sustainability of the WSIB, the review will focus on financial oversight, administration and efficiency but will not examine the WSIB’s adjudication and decision-making process. The review of the WSIB is unusual because the program has no impact on the province’s budget line. One wonders therefore who exactly stands to benefit from the cost savings. ... [read more]

Wednesday, June 12, 2019 @ 9:40 AM

Auto insurance changes do not infringe constitutional rights: B.C. government B.C. Attorney General David Eby

The B.C. government is defending the changes it has made to the provincial auto insurance system in response to a lawsuit filed by an organization representing trial lawyers in the province. ... [read more]

Monday, June 10, 2019 @ 9:36 AM

ACTIONS - Practice and procedure

Appeal by Kontuk from the decision setting out the amount of his settlement which was to be reimbursed to the Nova Scotia Public Service Long Term Disability Plan Trust Fund (the respondent). ... [read more]

Monday, June 10, 2019 @ 9:11 AM

The uncertainty behind Ontario’s limitation period time_running_out_sm

The two-year limitations period under Ontario law has always contained a certain degree of variability because the two years is measured on the basis of discoverability. But a recent trend of case law from the Ontario Court of Appeal has infused uncertainty into the two-year claims bar, calling into question when two years really means two years. ... [read more]

Wednesday, June 05, 2019 @ 11:32 AM - Last Updated: Thursday, June 06, 2019 @ 12:07 PM

Benefits plans and medical cannabis — to cover or not to cover Cannabis bottle

Since Oct. 17, 2018, the date that the use of recreational cannabis was legalized across Canada, employers have been turning to their legal counsel to update workplace policies addressing safety, impairment and accommodation issues. With cannabis use garnering widespread attention, employers are also grappling with a question that arises with greater frequency: will cannabis use for therapeutic purposes or “medical cannabis” be covered under the employer-provided health and benefit plan? ... [read more]

Wednesday, June 05, 2019 @ 8:34 AM

THE INSURANCE CONTRACTS - Formation of the contract - Misrepresentation

Appeal by the plaintiff from summary judgment dismissing his action. ... [read more]

Monday, May 27, 2019 @ 12:33 PM

Dentists are doctors, too Dentist

Unfortunately for dentists, the profession was under fire yet again in the recent Alberta Court of Queen’s Bench decision, Moussi (Litigation guardian of) v. TD Home and Auto Insurance Co. 2019 ABQB 242. ... [read more]