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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]

Monday, June 17, 2019 @ 2:54 PM

Major subrogation trial proves value of good record keeping oilbarrelspillclose_sm.jpg

On March 28, 2019, Justice Gillian Marriott released her decision in ISH Energy Ltd. v. Weber Contract Services Inc. [2019] A.J. No. 391 and found in favour of ISH Energy Ltd. ... [read more]

Wednesday, June 12, 2019 @ 1:49 PM

Lessons from one of Canada’s largest ever subrogation trial judgments Oilcan Spill

On July 17, 2007, a pipeline leak was discovered by ISH Energy Ltd. The leak occurred at ISH’s Desan field, in a remote area of northern B.C. The ensuing investigation revealed several leaks on three different pipelines. ... [read more]

Wednesday, June 12, 2019 @ 12:45 PM

Unclear who benefits from Ontario’s WSIB review People checking document

On May 23, 2019, the Ontario government announced a review of the Workplace Safety and Insurance Board (WSIB). Designed to find cost savings to ensure the sustainability of the WSIB, the review will focus on financial oversight, administration and efficiency but will not examine the WSIB’s adjudication and decision-making process. The review of the WSIB is unusual because the program has no impact on the province’s budget line. One wonders therefore who exactly stands to benefit from the cost savings. ... [read more]