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Friday, July 10, 2020 @ 5:46 PM - Last Updated: Friday, July 10, 2020 @ 6:04 PM

Genetic discrimination law constitutional, Supreme Court rules Justice Andromache Karakatsanis

In a 5-4 decision, the Supreme Court of Canada has ruled Parliament had the authority to enact a law prohibiting genetic discrimination despite an earlier ruling which said it was unconstitutional. But a number of legal observers noted the court did not ultimately resolve an issue that had been facing it for some time — what level of harm is necessary in order for Parliament to utilize its criminal law power. ... [read more]

Friday, July 10, 2020 @ 2:42 PM

Federal-provincial initiative will insure Ontario farmers for COVID-19 losses

The federal-provincial AgriInsurance program is being enhanced for Ontario farmers to include coverage for labour shortages due to COVID-19. The increased insurance will include coverage for losses due to an inability to attract sufficient on-farm labour due to COVID-19, as well as illness or quarantine of on-farm labour or the producer due to the pandemic, according to a July 9 Ontario government news release. ... [read more]

Friday, July 10, 2020 @ 1:02 PM

Prohibition of compelled DNA testing upheld geneticengineering.jpg

In the case of Canadian Coalition for Genetic Fairness v. Attorney General (Canada) and Attorney General (Quebec) 2020 SCC 17, the Supreme Court upheld the provisions of the Genetic Non-Discrimination Act as a valid exercise of the criminal law powers under s. 91 of the Constitution Act, 1867. In a 3-2-4 decision the majority concurred in upholding the legislation but for different reasons. “By protecting choices about who has access to such information, the legislation reduces the risk of genetic discrimination.” (para. 56). ... [read more]

Thursday, July 09, 2020 @ 11:42 AM

What recourse will victims have if no-fault auto insurance comes to Alberta? | Maia Tomljanovic

Generally speaking, no-fault insurance means that if a person has been injured in a motor vehicle accident or their vehicle has been damaged, no matter who is at fault, that person’s insurance company will pay for their losses. Any injuries or damages with respect to the other driver involved in the accident will be covered by the other driver’s insurance company. ... [read more]

Wednesday, July 08, 2020 @ 2:00 PM

Is ‘cybersubrogation’ future of privacy, data security and cyber litigation? U.S. experience Hand with ipad and padlock icon

There is no denying that cybercrimes are on the rise around the globe. Between June 2018 and June 2019, 53 per cent of malware attacks occurred in the United States, while 10 per cent occurred in Canada, which given its relative size, is a very large proportion. Unfortunately, these trends are predicted to continue. As a result, cyber and privacy litigation is becoming more commonplace in the United States and Canada. ... [read more]

Wednesday, July 08, 2020 @ 1:59 PM

Technology: End of the profession or a life raft lifesaver_hand_sm

In the past few years, technology has come a huge way. When you stop to think about it, the fact that many of us were able to continue working when the world locked down is a remarkable feat. Tools that help us to connect easier, to reduce dependencies on physical files, and to automate some aspects of our work have now been well and truly put to the test. There have undoubtedly been some glitches, hiccups and real challenges for us all, but the fact that by and large we were able to work through a pandemic is a huge achievement that we can attribute directly to technology. ... [read more]

Tuesday, July 07, 2020 @ 11:46 AM

Subrogation under Ontario Policy Change Form 44R: Sharing on pro rata basis Smashed car

In Tuffnail v. Meekes 2020 ONCA 340, the court determined that, when an insurer seeks to recover the amounts it paid by way of subrogation, it has to share the recovery with the plaintiff on a pro rata basis until the plaintiff receives full indemnification under the judgment. ... [read more]

Monday, July 06, 2020 @ 1:00 PM

Data exclusion case interpreted in favour of insureds Network servers

An Ontario judge recently interpreted a data exclusion in favour of the insureds in Laridae v. Co-Operators 2020 ONSC 2198, ordering the insurer to defend claims arising out of an alleged website security breach. A website owned by Family and Children’s Services of Lanark, Leeds and Grenville (FCS), was breached when an unauthorized party downloaded and published documents stored in a secured section of the website, which contained personal information about individuals who had been the subject of FCS investigations. ... [read more]

Monday, July 06, 2020 @ 9:37 AM

INSURERS - Duty to defend

Appeal by the insured from a judgment finding exclusion from coverage under a homeowner insurance policy with the respondent. ... [read more]

Monday, July 06, 2020 @ 8:27 AM

Remote hearings, examination of witnesses: Practicalities online_courtroom_sm

Because of the current pandemic crisis, it appears from the emerging case law that remote hearings are deemed acceptable notwithstanding the various concerns. What then are best practices to ensure that ethical standards are met in remote hearings and examinations? We continue the list that we began in our first article in this series: ... [read more]