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Tuesday, January 14, 2020 @ 2:35 PM

Early neutral evaluation: A litigation off ramp off_ramp_sm

There are many forms of alternative dispute resolution, each with their own characteristics. Mediation and arbitration are well known to lawyers in Canada. However, one form of alternative dispute resolution that tends to get overlooked in Canada is early neutral evaluation — known as ENE — where an independent and impartial evaluator assesses the merits of the case. ENE is far more than a mediation in that it forces the evaluator to make an assessment of the case and communicate it to the parties. ENE offers a new off ramp that should be considered by litigation counsel. ... [read more]

Tuesday, January 14, 2020 @ 10:51 AM

Dutton Brock adds three partners

Dutton Brock LLP announced that Jordan Black, Elizabeth DiQuattro and Chad Leddy have joined the Toronto insurance law firm’s partnership.  ... [read more]

Friday, January 10, 2020 @ 10:59 AM

Limitation period for duty to defend applications Man on clock

The limitation period for commencing duty to defend applications was recently clarified by the Ontario Court of Appeal in Reeb v. Guarantee Co. of North America 2019 ONCA 862 (Reeb). ... [read more]

Thursday, January 09, 2020 @ 11:58 AM

Role of secret surveillance in workplace Hi tech video

The most frequent use of secret surveillance is when an employee is off work and collecting benefits due to an injury, and the employer or the insurer has reason to suspect that the employee is exaggerating. The employer will sometimes hire a private investigator, who will follow the injured worker around and take secret videos.   ... [read more]

Wednesday, January 08, 2020 @ 8:30 AM

Lawyer warns of company’s demand to scrub Internet, news media of comments David_Coles_sm

An eye must be kept open for “dangerous” stipulations slipped into settlements obligating plaintiffs to “rewrite the past” as part of the agreements, says a lawyer after a Nova Scotia man almost faced the daunting task of having to erase any prior statements he made online and to the media about his fight with a car company. ... [read more]

Tuesday, January 07, 2020 @ 11:37 AM

Six promoted to partner at Stewart McKelvey

Stewart McKelvey announced that six lawyers have been admitted as partners, effective Jan. 1, 2020: ... [read more]

Monday, January 06, 2020 @ 2:42 PM

Multiple masters: A modern lawyer’s dilemma | Gary Joseph

The website for the Law Society of Ontario (LSO) states that it exists to govern the legal profession in the public interest. LSO governs its members through the Rules of Professional Conduct (the Rules). Professional standards for lawyers are governed by these regulatory codes but also by legal standards determined and imposed by the courts and by statute. The distinction between regulatory and court-imposed standards are often theoretical but at times not. The most recent example of where these standards may conflict can be found in the now resolved dispute between lawyer Joseph Groia and the LSO. ... [read more]

Monday, January 06, 2020 @ 11:51 AM

Quebec court takes position on trigger theories in liability insurance Hand stops falling blocks

In the recent decision Groupe Royal Inc. v. Crewcut Investments Inc. 2019 QCCA 1839, the Court of Appeal of Quebec confirmed the application in Quebec insurance law of the “continuous trigger” theory when apportioning damages to various liability insurers over a span of several policy periods in cases where the claimed damages occurred gradually and over a certain period of time. ... [read more]

Monday, January 06, 2020 @ 9:44 AM - Last Updated: Monday, January 06, 2020 @ 11:23 AM

Defendants in personal injury case settled out of court jointly liable for costs, court rules Alan Rachlin sm

The Ontario Court of Appeal has allowed an appeal, in part, regarding costs to be paid by jointly liable defendants in a personal injury dispute. Counsel involved in the case said the court has set “new rules for allocating costs between defendants when cases are settled out of court.” ... [read more]

Friday, January 03, 2020 @ 10:48 AM

Lawyer rejoins Stewart McKelvey as partner

Stewart McKelvey announced that Gary Demeulenaere has returned to the firm as a partner in the firm’s office in Charlottetown. ... [read more]