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Monday, March 19, 2018 @ 9:29 AM

Judge who sexually harassed court staffer quietly quit; unlike the U.S., #MeToo hasn’t hit Canadian judiciary TLD Exclusive

A superior court judge who subjected a court staffer to sexualized contact in the workplace quietly resigned after a Canadian Judicial Council (CJC) investigation, without the judicial disciplinary body publicly disclosing his actions until now. ... [read more]

Thursday, March 15, 2018 @ 6:27 AM

CIVIL PROCEDURE - Limitation of actions - Time - When time begins to run

Appeal by the plaintiffs from summary judgment dismissing their action as statute barred. ... [read more]

Monday, March 12, 2018 @ 9:40 AM

Ontario concussion safety legislation sets standard for Canada, lawyers say Alison Burrison sm

Ontario has become a national leader in concussion management by passing legislation aimed at protecting amateur athletes. The new law sets an example that, lawyers say, may be adopted nationwide. ... [read more]

Monday, March 12, 2018 @ 8:30 AM

THE INSURANCE CONTRACT - Interpretation - Coverage provisions and exclusion clauses

Appeal by the defendant insurer from a decision setting aside a Master’s order dismissing the respondent’s action. ... [read more]

Thursday, March 08, 2018 @ 10:27 AM

International Women’s Day a call to arms for lawyers | Leanne Townsend

It’s International Women’s Day 2018 and it’s a great time to be a woman. There is an energetic movement underway resulting from the momentum of the #MeToo and #TimesUp campaigns. Women are joining forces and banding together in unprecedented ways, holding men who have abused their power accountable and demanding equal treatment. ... [read more]

Wednesday, March 07, 2018 @ 1:05 PM

Alberta Court of Appeal overrules lower court on ambiguity in auto insurance policy Michelle Grose, Dean Duckett Carlson LLP

The Alberta Court of Appeal has held that a lower court erred when ruling a provision in an automobile insurance policy was ambiguous, stating the language in the policy was clear and there was no reason to interpret it differently. ... [read more]

Tuesday, March 06, 2018 @ 12:26 PM

Experts weigh in on summary judgment motions at Toronto Lawyers Association panel

When the Supreme Court created the “culture shift” toward the expanded use of summary judgments in Hryniak v. Mauldin 2014 SCC 7, it appeared to set the standard for a quicker, simpler, cheaper way of delivering justice. What has actually happened, however, hasn’t been quite so simple. ... [read more]

Monday, March 05, 2018 @ 8:55 AM

SUBROGATION - Effect of - Subrogated party’s right to bring action

Appeal by the defendant from a judgment awarding the plaintiff $25,000 in damages on account of property damage sustained by the plaintiff’s vehicle during a collision. ... [read more]

Friday, March 02, 2018 @ 8:52 AM

The courts weigh in on ‘ghost-written’ expert reports ghost_writer_sm

While retaining experts is commonplace in civil litigation, counsel are not always aware of who the expert has worked with, behind the scenes, to compile research or prepare analyses that contribute to the written report. We are also not always aware when the report itself was written not by the signatory, but someone else who worked on the file. ... [read more]

Thursday, March 01, 2018 @ 1:17 PM

Legal profession overdue for #MeToo movement to end ‘inappropriate’ conduct by judges, lawyers: litigator Angela Chaisson

The legal profession needs to mobilize against sexual remarks and other “inappropriate” workplace conduct by judges and senior lawyers who exploit the vulnerability of junior lawyers and law students, says a feminist lawyer who fights to advance the rights of women and LGBTQ people. ... [read more]