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Wednesday, July 10, 2019 @ 4:26 PM

Quebec Court of Appeal judge nominated to replace Gascon on SCC

Prime Minister Justin Trudeau announced on July 10 the nomination of the Honourable Nicholas Kasirer to the Supreme Court of Canada. ... [read more]

Wednesday, July 10, 2019 @ 12:12 PM

The special case of liability waivers for minors Child's broken legs

A liability waiver is a legal contract that a participant in an activity signs to waive his or her right to sue for compensation in case of an injury (or death) during the activity. If a participant is injured and decides to sue, the business will seek to have the courts enforce the waiver and have the lawsuit dismissed. While by no means a certain result, it is well established in Canadian law that a liability waiver can be upheld if the waiver was properly drafted and administered according to best practices. ... [read more]

Monday, July 08, 2019 @ 2:37 PM

Upcoming changes to insurance industry in Ontario People standing on form

Now that the buzz of the Raptors’ championship has faded, the people of Ontario are clamouring for the next big thing. Thankfully, the government of Ontario is obliging. They are in consultation with various groups, including representatives of the insurance industry and with lawyers who practice personal injury law. A chapter in the provincial budget outlined an ambitious breadth of changes, many of which are still in the preliminary stages of being considered. ... [read more]

Thursday, July 04, 2019 @ 2:36 PM

Ontario Court of Appeal shuts many out | Michael Lesage

Access to justice is increasingly an issue in Ontario. Over tea and crumpets, posh debating societies have determined it to be serious enough to warrant discussions and committees. Meanwhile, judges have spoken out, warning that justice is increasingly available only to the rich and that our “fossilized Jurassic Park” of a legal system is at risk of becoming an “irrelevant museum piece.” ... [read more]

Friday, June 28, 2019 @ 8:54 AM

Statement of Principles stays for now as LSO Convocation becomes mired in debate Malcolm Mercer sm

After a full day of debate on the Statement of Principles (SOP), the Law Society of Ontario (LSO) was unable to come to a decision on the diversity initiative that has not only divided Convocation, but the profession as well. ... [read more]

Friday, June 28, 2019 @ 8:31 AM

Don’t rush to judge employees on medical, disability leave | Stuart Rudner

There are some pieces of advice that I offer repeatedly to clients in a variety of contexts. One of my favourites: “Do not rush to judgment.” Those knee-jerk, visceral or emotional reactions usually lead to bad decisions which can cost an organization dearly. ... [read more]

Tuesday, June 25, 2019 @ 6:27 AM

THE INSURANCE CONTRACT - Coverage provisions and exclusion clauses

Appeal by Optimum West from an order holding that W, a defendant in an underlying negligence action, was an insured under Optimum’s policy and that the respondent Economical had a right of equitable contribution against Optimum for 50 per cent of all defence costs and damages awarded against W. ... [read more]

Monday, June 24, 2019 @ 12:27 PM

Ottawa appoints Smith as chief justice of N.S. Supreme Court

The federal Department of Justice on June 24 announced the appointment of Deborah K. Smith as chief justice of the Supreme Court of Nova Scotia. ... [read more]

Friday, June 21, 2019 @ 2:32 PM

Downey commits to collaborative approach as Ontario’s new attorney general Exclusive

Lauded by former colleagues for his collegiality, Ontario’s new Attorney General Douglas Richard Downey plans to take a collaborative approach on new initiatives and lingering issues that dogged his predecessor, including one that drew a comment from Canada’s top judge. ... [read more]

Tuesday, June 18, 2019 @ 1:26 PM

Pros and cons of juries in medical malpractice lawsuits jury_trial_sm

At the outset of every medical malpractice case, a plaintiff lawyer must make a difficult decision: do I trust a judge or jury to fairly decide my client’s case? You know that it is going to be a hard-fought battle with a multitude of experts offering competing opinions on standard of care and causation. So, when does it make sense to ask for a jury versus a judge? ... [read more]