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Friday, May 29, 2020 @ 9:33 AM

Dependants denied support for misconduct: Death and the ‘slayer rule’ denied_stamp_sm

Ontario’s courts and legislature offer an avenue for dependants to challenge how the estate of the deceased is distributed. While a testator generally has the right to dictate what happens to his/her assets upon death, certain relationships create responsibilities that limit this testamentary freedom, and a court might order that the estate pay the dependant support from the estate, over and above what the testator had intended. ... [read more]

Thursday, May 28, 2020 @ 1:16 PM

Canadian courts adapt to challenges of COVID-19 closed_COVID_sm

Over the past few months, Canadians have experienced unprecedented changes in all facets of their lives. As businesses, from restaurants to banks, have quickly shifted their operations to help flatten the curve, so to have our nation’s courts. ... [read more]

Wednesday, May 27, 2020 @ 2:50 PM

SCC’s approach to viral disease: COVID-19 Coronavirus.jpg

Part one of this series looked at the Supreme Court of Canada’s (SCC) approach to determining insurance coverage for infectious disease in its decision in Gibbens v. Co-operators Life Insurance Company 2009 SCC 59. In part two, we continue to examine the SCC’s reasoning in Gibbens. ... [read more]

Tuesday, May 26, 2020 @ 1:37 PM

Expiration of limitation period not a defence for surety under bond claim Surety bond

Mandatory arbitration clauses are common in the construction industry. Arbitration provides an alternative to the litigation process that often makes it preferable to the standard litigation path of a dispute. ... [read more]

Tuesday, May 26, 2020 @ 11:45 AM

Reimagining privacy in times of COVID-19 CovidCrowdtracking.jpg

Now is a great time for lawyers to reread (or read) Samuel Warren and Louis Brandeis’ seminal work, “The Right to Privacy,” published in the Harvard Law Journal in 1890. In what is one of the earliest expositions of privacy as a legal right, the bright Harvard graduates recognized that new technologies of their time infringed the right of an individual to be let alone. Indian lawyer and author Rahul Matthan, in his book Privacy 3.0, gives a fascinating account of how Warren’s personal efforts to protect his brother, a gay man, from public shame and conviction may have catalyzed his co-authoring of the article. ... [read more]

Tuesday, May 26, 2020 @ 9:12 AM

INSURERS - Duty to defend

Appeal by AGI Insurance from a decision finding that it must defend the action, must pay the cost of defending the action subject to indemnification of costs, if any, from Lloyd’s upon final resolution of the action but could not participate in the defence by retaining or instructing counsel. ... [read more]

Tuesday, May 26, 2020 @ 8:31 AM

The good, bad and risky: Physician obligations during COVID telemedicine_doctor_sm

We often hear that one of the silver linings of this COVID-19 pandemic will be increased access to health-care professionals through technological innovations such as telemedicine and other remote care solutions. Indeed, the pressures brought by the disease on hospitals and traditional care facilities, whether actual or anticipated, have facilitated this general embrace of technology as a fundamental partner of modern health care. ... [read more]

Monday, May 25, 2020 @ 2:03 PM

Accidental death benefits and virus transmission Coronavirus sign

Few terms have garnered as much judicial consideration in the context of insurance coverage as the term “accident.” The common understanding of insurance is protection from unforeseen, unexpected or unintended events and their consequences. The grant of coverage under accidental death policies typically embraces loss caused by accident or accidental means (sometimes qualified by violent, sudden or external means). ... [read more]

Monday, May 25, 2020 @ 8:51 AM

Leading the way forward: Modernizing access to justice | Colin Stevenson

The winds of change have been blowing hard lately, but the saying “it’s an ill wind that blows no good” suggests that even something as thoroughly devastating and unwelcome as the COVID-19 pandemic can hopefully facilitate some positive change in the justice system. ... [read more]

Friday, May 22, 2020 @ 1:50 PM

Businesses not getting insurance coverage they paid for, says lawyer Tony Merchant

Insurance companies will see “lots of litigation” in the future for refusing to compensate businesses for losses suffered due to the COVID-19 crisis, says a lawyer behind class actions aimed at some of Canada’s largest providers. ... [read more]