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Insurance

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Thursday, April 05, 2018 @ 1:44 PM

DLA Piper (Canada) hires associate

Nivedhya (Nivi) Ramaswamy is the latest associate to join DLA Piper (Canada) LLP. ... [read more]

Thursday, April 05, 2018 @ 12:06 PM

Court clarifies remedy for disclosure of litigation agreements between parties in lawsuit Donald Dacquisto sm

The Ontario Court of Appeal has allowed an appeal in a decision that reinforces the principles in Aecon Buildings v. Stephenson Engineering Limited 2010 ONCA 898 over disclosure of litigation agreements. ... [read more]

Thursday, April 05, 2018 @ 8:52 AM

Complementary and primary coverage and implications for costs and settlement Ashley Peacock

If coverage is complementary and not overlapping, does the insurer provide primary or excess coverage? What then are the insurer’s obligations regarding contribution to defence costs and settlement? The Ontario Superior Court in Aviva Insurance Company v. Intact Insurance Company 2018 ONSC 238 was faced with the foregoing questions. ... [read more]

Wednesday, April 04, 2018 @ 12:31 PM

Ontario Court of Appeal restores arbitrator’s decision in insurer dispute Eric Grossman sm

The Ontario Court of Appeal has allowed an appeal in a dispute between insurers in a decision which emphasizes that the standard of review is reasonableness when a question of law is being determined by an arbitrator within a statutory accident benefits schedule (SABS) context. ... [read more]

Tuesday, April 03, 2018 @ 8:37 AM

New rules needed for partisan doctors | Patrick Brown

“First, do no harm”, one of the many promises within the Hippocratic Oath that is taken by medical students prior to beginning their practice. In personal injury cases, doctors are constantly consulted to provide opinions as to the extent of a person’s injuries. So what happens when doctors and medical professionals deviate from their duty to provide opinions that are fair, objective and non-partisan? ... [read more]

Thursday, March 29, 2018 @ 8:32 AM

LIFE INSURANCE - Cash surrender value

Appeal by the plaintiff, Alguire, from the dismissal of his action against the defendant, Manulife. ... [read more]

Monday, March 26, 2018 @ 1:31 PM

Supreme Court welcomes its newest member as Martin dons the red robes Sheilah Martin

When Supreme Court Justice Sheilah Martin’s proud father drove her back and forth to the train that took her from a Montreal suburb to McGill University’s law school, her dad assured her she had the right stuff to one day join the nation’s highest court. ... [read more]

Monday, March 26, 2018 @ 11:15 AM

AUTOMOBILE INSURANCE - Accident benefits - Use or operation of motor vehicle

Motion by the defendants, Ronald and Laurie Zrobek, for a determination that the injuries of the plaintiff, Sherri Smith, constituted a bodily injury caused by an automobile. ... [read more]

Thursday, March 22, 2018 @ 2:05 PM

Langlois adds partner in Montreal office

Vikki Andrighetti is the latest partner in the Montreal office of Langlois lawyers LLP. ... [read more]

Wednesday, March 21, 2018 @ 8:58 AM

Drawing the line between consultation and collaboration with expert witnesses collaborative

In 2015, the Ontario Court of Appeal confirmed in Moore v. Getahun 2015 ONCA 55, that it is appropriate and essential for counsel to consult and collaborate with expert witnesses in preparing expert reports. However, this practice is not without limits considering an expert’s duty to provide a fair, objective and non-partisan opinion. In this third article in a series on expert evidence, the jurisprudence on where counsel should draw the line in providing input to an expert witness is surveyed. ... [read more]