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Thursday, January 31, 2019 @ 2:03 PM

Time to expand analysis of the merits in all class actions classaction_arrow_sm

Class actions are complicated and expensive. They carry significant risk. As a result, the vast majority of class actions settle prior to trial, and a substantial proportion settle relatively soon after a successful certification motion. Because parties are generally unwilling to fight a matter through trial, the certification motion becomes the inevitable battleground for disputes. ... [read more]

Thursday, January 31, 2019 @ 1:12 PM

Cox & Palmer names seven new partners at four offices

Cox & Palmer announced that Geoff Breen (Halifax), Cindy Cameron (Summerside, P.E.I.), Matt Dorreen (Halifax), Steve Forbes (Charlottetown), Richard Norman (Halifax), Nick Ouellette (Saint John) and Mohammad Ali Raza (Halifax) have been named partners. ... [read more]

Tuesday, January 29, 2019 @ 8:48 AM

LIFE INSURANCE - Exclusions

Appeal by the estate administrator from summary judgment dismissing her action for payout of her son’s life insurance policy. ... [read more]

Thursday, January 24, 2019 @ 1:09 PM

Class action lawsuit raises questions for Ford, insurance regulator | Jasmine Daya

Eleven auto insurance companies that have allegedly withheld hundreds of millions of dollars in HST payments from Ontario car accident victims since 2010 have been named in 11 class action lawsuits that now total $1.1 billion in damages. None of the 11 class actions has been certified or tested in court. ... [read more]

Thursday, January 24, 2019 @ 10:20 AM

SCC to look at constitutionality of genetic discrimination ban nixed by ex-AG Canada but supported by new AG David Lametti

Canada’s new Attorney General David Lametti voted to create a federal ban on genetic discrimination two years ago that the then-Attorney General, Jody Wilson-Raybould, vigorously argued — and the Quebec Court of Appeal later agreed — is not a constitutionally valid exercise of Ottawa’s criminal law power. ... [read more]

Wednesday, January 23, 2019 @ 12:49 PM

Keyes elected Cox & Palmer’s N.B. managing partner

Cox & Palmer announced that Edward Keyes has been elected New Brunswick managing partner. ... [read more]

Wednesday, January 23, 2019 @ 9:13 AM

Marriage contracts and the right of survivorship marriage_contract_sm

To what extent is a solicitor obliged to make inquiries and make clear to his client that the reasonable expectations that his client may have arising from a proposed transaction may in fact be frustrated by the actions of the other party? ... [read more]

Tuesday, January 22, 2019 @ 8:39 AM

Yes we have no insurance | Marcel Strigberger

Ontario’s Progressive Conservative government has launched public consultations on amending our motor vehicle insurance laws. The issues if you are an insurer are fraudulent claims and if you are a consumer or accident victim, ever increasing premiums and converse attrition of accident benefits and tort award entitlement. ... [read more]

Friday, January 18, 2019 @ 11:53 AM

Making sense of 2016 census peoplemapofcanada.jpg

The litigation and insurance communities frequently rely on census data in the determination of income losses. In 2017 and 2018, Statistics Canada released the 2016 census, the seventh quinquennial census. ... [read more]

Friday, January 18, 2019 @ 10:52 AM

Ontario auto insurance system ‘undoubtedly broken,’ personal injury lawyers say Jasmine Daya sm

The Ontario government has begun public consultations on how to reform the auto insurance system for the nearly 10 million drivers across the province. However, personal injury lawyers say “tinkering” with an “undoubtedly broken” system doesn’t work and complete overhaul is needed. ... [read more]