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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]

Wednesday, May 22, 2019 @ 11:44 AM

Dealing with provincial health insurers in class actions hospital handshake.jpg

It has been one year since the release of Justice Brian Barrington-Foote’s decision in Pedikaris v. Purdue Pharma et al. 2018 SKQB 86. At that time, his message was loud and clear: “The PHIs (provincial health insurers) are not members of the class. They must each approve the settlement of their subrogated claim. They, unlike individual litigants, are well able to protect their own interest.” (para. 20) ... [read more]

Tuesday, May 14, 2019 @ 3:17 PM

Securing accurate, fair outcomes in CAT designation process for children Medcharts_sm.jpg

In my previous five articles I showed that when you take a modern approach to statutory interpretation, the Superintendent’s Guideline No. 01/16 interpretation of s. 3.1(5)i of the Statutory Accident Benefit Schedule (SABS 34/10), doesn’t harmoniously coincide with the objectives and scheme of the Insurance Act, and the intention of Parliament. ... [read more]

Friday, May 10, 2019 @ 8:34 AM

INSURERS - Duty to defend

Appeal by the defendant insurers from an order finding they had a duty to defend the respondents in an underlying action and awarding the respondents costs on a full indemnity basis. ... [read more]

Thursday, May 09, 2019 @ 1:40 PM

Other side of the bridge: Another approach to child’s catastrophic impairment medcharts

In this article, I’ll show how the objectives and purposes of Ontario’s Bill 251/15 can be used as an interpretive aid in applying s. 3.1(5)i of the Statutory Accident Benefit Schedule (SABS 34/10). ... [read more]

Tuesday, May 07, 2019 @ 8:37 AM

Genetic testing, ancestry search red flags | Darryl Singer

There are lots of ads lately for companies like 23 and Me, which promises that by sending them a sample of saliva, they can test for genetic markers which might tell you about potential for latent illnesses which may never come to pass. These companies also offer ancestral tracing for those who hope they will find out they are part of some noble bloodline. ... [read more]

Tuesday, May 07, 2019 @ 8:32 AM

AUTOMOBILE INSURANCE - Benefits to insured student

Appeal by the insurer from a decision of the Automobile Injury Appeal Commission finding that the insured G was entitled to a loss of studies benefit under s. 121 of The Automobile Accident Insurance Act, to be paid based on her studying at a post-secondary level of education. ... [read more]

Monday, May 06, 2019 @ 11:16 AM

How Ford makes crime victim compensation easier | Sam Goldstein

Premier Ford’s government is taking a lot of criticism for changes to the justice sector. The recent Ontario budget announced a 30 per cent reduction in Legal Aid Ontario (LAO) funding and eliminated certificates for refugee hearings altogether. A Toronto Star headline claimed victims of crime are about to be stiffed in compensation by the Ontario budget; and, the CBC proclaimed that the Ontario Progressive Conservatives were immunizing themselves from civil liability with proposed changes to the Proceedings Against Crown Act (PACA). ... [read more]