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Thursday, March 23, 2017 @ 8:00 PM

Quick action needed for overpayment recovery

An Ontario Superior Court judge has provided some much needed guidance on how to successfully recover overpayments made to claimants under the Statutory Accident Benefits Schedule (SABS). Since the introduction of the notice requirement in the 1996 amendments to the SABS, conflicting decisions have muddied the waters of what constitutes timely and proper notice. ... [read more]

Wednesday, March 22, 2017 @ 2:04 PM

What Surani decision means for deductions from IRB entitlements

Many insurers and their expert accountants routinely deduct post-accident business income from the IRB entitlements of self-employed insureds irrespective of their inability to return to work. Others take the position that any efforts, no matter how trivial, short of complete disability, are sufficient to qualify income in the ongoing business as fully deductible. Is this reasonable, what does the SABS provide and what is the jurisprudence on the issue? ... [read more]

Wednesday, March 22, 2017 @ 1:50 PM

Chain-reaction accidents: Who pays?

The Ontario Superior Court of Justice has provided clarity as to how the fault attribution rules ought to be applied to loss transfer disputes in chain-reaction motor vehicle accidents. ... [read more]

Friday, March 17, 2017 @ 8:54 AM

Top 10 risk management tips for charities, not-for-profits

Charities and not-for-profits (NFPs) face increasing challenges in delivering their services to their members and the public, in part because of a more litigious reality and complicated regulatory environment. As such, charities and NFPs need to be familiar with an array of legal requirements that they need to comply with. ... [read more]

Thursday, March 16, 2017 @ 8:53 AM

Law Society should leave referral fees alone | Darryl Singer

You would think from all the media hype and law society pronouncements, that the concept of referral fees among lawyers was a bad thing that harmed innocent clients. In fact, the reverse is true. ... [read more]

Tuesday, March 14, 2017 @ 10:44 AM

Aird & Berlis adds four partners to tax, estates group

Four new partners have joined Aird & Berlis LLP’s tax and estates group, Neil Bass, Rachel Blumenfeld,  Ed Esposto and Angelo Gentile. ... [read more]

Thursday, March 09, 2017 @ 8:36 AM

How the courts hold expert witnesses' feet to the fire

In an adversarial environment, lawyers on both sides will endeavour to put their best foot forward on behalf of their clients. However, experts are always expected to provide the court with unbiased, non-partisan opinion evidence. Recent judicial decisions have helped identify situations of bias and helped to clarify circumstances when the court may choose to include or exclude an expert’s evidence. ... [read more]

Tuesday, March 07, 2017 @ 12:02 AM

Rethink the billable hour to give middle class access to justice | Julius Melnitzer

The best thing the legal profession’s regulators could do to ensure access to justice for the middle class is to ban hourly billing — or at least mandate some sense into its use. ... [read more]

Thursday, February 23, 2017 @ 7:00 PM

News

Not applicable ... [read more]

Thursday, February 09, 2017 @ 7:00 PM

SCC benefits ruling seen as consumer win

In a win for consumers and injured plaintiffs across Canada, the Supreme Court has ruled 7-0 that insurers can’t reduce their excess insurance payouts under their auto policies’ standard endorsement form 44 by the amount of plaintiffs’ Canada Pension Plan disability benefits. ... [read more]