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Friday, August 23, 2019 @ 8:40 AM

Number of civil claims related to financial products rising fast financial_products_sm

We have seen the proliferation of civil claims in respect of financial products in Canada in recent years. These claims have involved different types of widely available investment funds, such as mutual funds, as well as more targeted tax minimization strategies and alternative investment strategies. Plaintiffs’ lawyers are being creative in devising new claims against financial product design, product operation and product sales and compensation. ... [read more]

Tuesday, August 20, 2019 @ 12:17 PM

Negligent parenting allegation does not trigger auto insurance coverage, court rules

An Ontario court has struck a “mortal blow” to negligent parenting allegations being used in auto insurance claims where there is no link to operation of the vehicle, says a lawyer. The Aug. 14 Ontario Appeal Court decision in Hunt v. Peel Mutual Insurance Company 2019 ONCA 656 involves an appellant’s unsuccessful attempt to have his girlfriend’s insurance company defend him against a lawsuit by his daughter ... [read more]

Monday, August 19, 2019 @ 9:55 AM

New insurance associate for Blaney McMurtry

Blaney McMurtry announced that Lydia Yu has joined the firm. ... [read more]

Friday, August 16, 2019 @ 8:33 AM

Structured settlements: Hopes and dreams or real and certain | Julius Melnitzer

Personal injury lawyers should examine the feasibility of structured settlements (a settlement paid out as an annuity, not all in one lump sum) more closely in today’s low interest environment, a veteran plaintiff’s counsel maintains. ... [read more]

Thursday, August 15, 2019 @ 3:03 PM

The use of surveillance at trial Camera lens

A decision recently released by the Ontario Court of Appeal provides helpful guidance on the use of surveillance at trial. ... [read more]

Wednesday, August 14, 2019 @ 12:27 PM

Insurance case stresses importance of both objective, subjective evidence, says lawyer Jonathan_Abrametz_sm

Saskatchewan’s Appeal Court has reinforced the principle that both “objective and credible subjective evidence” must be heard, says the lawyer of a farmer who was wrongfully denied extended income benefits after testifying an auto accident left him unable to work. ... [read more]

Wednesday, August 14, 2019 @ 9:18 AM

In defence of the jury system in Ontario | Michael Smitiuch

On matters concerning injury victims, it is not very often that my views align with those of the defence bar in Ontario. So when I read the submissions made by Canadian Defence Lawyers (CDL) about the proposed revamping of the jury system and agreed with most of their general points, this caused me some concern. As a plaintiffs’ lawyer representing only injury victims, how could it be that I was seemingly on the same page as those who so often stand between victims and their pursuit of justice? ... [read more]

Friday, August 09, 2019 @ 2:28 PM

Champerty in third-party litigation funding darkfacebehinddollars.jpg

The standard rule in Canadian civil litigation is that the loser pays a portion of the legal costs of the winning side. Such a rule does not make sense for class actions, including employee class actions. There is a single plaintiff in court who represents a large class of persons — the representative plaintiff. No sane representative plaintiff who might stand to gain $100 from the success of a class action is going to expose himself to the risk of an adverse cost award that could be over $1 million. ... [read more]

Friday, August 09, 2019 @ 11:46 AM

Vancouver firm opens Toronto office

Vancouver law firm Alexander Holburn Beaudin + Lang LLP announced its expansion to Toronto and the opening of its new office on Aug. 10 in the TD Canada Trust Tower of Brookfield Place on Bay Street. ... [read more]

Thursday, August 08, 2019 @ 1:19 PM

How blind spots affect judgment in everyday legal practice Two heads grey

This is the final part of a three-part series discussing how cognitive biases and heuristics can affect everyday legal practice. Part one discussed the well-known concept of anchoring. Part two dealt with the concepts of framing and the illusory truth effect. This final chapter addresses the concept of “irrational escalation” and the “bias blind spot.” ... [read more]