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Thursday, December 24, 2020 @ 6:06 AM

LIMITATION OF ACTIONS - When time begins to run - Discoverability

Appeal by the defendant Momentive Specialty from dismissal of their application for summary dismissal of the action as statute-barred. ... [read more]

Wednesday, December 23, 2020 @ 11:40 AM

Mild traumatic brain injury cases: Using nuclear imaging scans at trial SPECT images of brain

Part one examined how to approach a case dealing with mild traumatic brain injury (mTBI) using diagnostic tests, including the single-photon emission computed tomography (SPECT) scan. It also introduced Brian Fitzpatrick, a Kelowna, B.C. lawyer who used SPECT imaging at trial to achieve a favourable outcome for his client. In part two, Fitzpatrick discusses in detail how he successfully used the SPECT scan at trial. ... [read more]

Tuesday, December 22, 2020 @ 6:47 AM

Bifurcation requires consent of all parties: Ontario Court of Appeal David Boghosian

A Toronto insurance lawyer wants Ontario’s Civil Rules Committee to redraft its guidance on bifurcation after the province’s top court ruled separate hearings may not be ordered without the consent of either party in both jury and non-jury civil trials. ... [read more]

Monday, December 21, 2020 @ 11:04 AM

Inadequately insured able to claim damages under own optional coverage Two-car crash

Ontario Policy Change Forms (OPCF) 44R Family Protection Coverage is optional automobile insurance coverage which applies in collisions involving an “inadequately insured motorist.” This includes collisions in three scenarios. ... [read more]

Monday, December 21, 2020 @ 10:16 AM

What no-deal Brexit could mean for Commonwealth Brexitclock

While Britain ponders a no-deal Brexit, and the implications for trade between the U.K. and other countries, one country potentially stands to benefit more than others: Canada. ... [read more]

Thursday, December 17, 2020 @ 10:56 AM

Bill 41 and proposed changes to Alberta’s Insurance Act Policy form with pen

This year has brought many changes and in keeping with that theme, the government of Alberta introduced significant amendments to the Insurance Act through Bill 41, the Insurance (Enhancing Driver Affordability and Care) Amendment Act, 2020 on Oct. 29. ... [read more]

Thursday, December 17, 2020 @ 9:49 AM

B.C. expands ticket enforcement, workplace safety measures in fight against COVID-19 Mike Farnsworth

B.C. is cracking down on people who violate public health restrictions by expanding provincial COVID-19 ticket enforcement and is increasing workplace inspections. Under the changes announced Dec. 16, gaming investigators, conservation officers, community safety unit inspectors and liquor and cannabis inspectors have been directed to support police and increase COVID-19 enforcement during their normal course of duties or when in public places. ... [read more]

Wednesday, December 16, 2020 @ 8:55 AM

2020: A difficult year that will help move justice system forward | Charlene Theodore

How do we best describe the events of 2020? Countless news articles have already documented the torment of the pandemic. The pain of racial inequality brought to light once again by the senseless deaths of Black and Indigenous people has made more people keen to leave this past year in the rear view mirror. ... [read more]

Tuesday, December 15, 2020 @ 2:21 PM

How do you approach case dealing with mild traumatic brain injury? SPECT images of brain

Concussion/mild traumatic brain injury (mTBI) cases are challenging primarily because objective evidence, until now, has been lacking. Most cases dealing with concussion/mTBI are presented only with subjective evidence, which includes the client’s reported symptoms post injury, including collateral witnesses, health-care treaters and work colleagues who can comment on changes observed in the injured person both pre- and post injury. ... [read more]

Tuesday, December 15, 2020 @ 12:44 PM

Can Minor Injury Guideline be addressed as a stand-alone issue? Insurance claim form with calculator

The Minor Injury Guideline (the MIG) sets a framework for the treatment of alleged minor injuries in a statutory accident benefits schedule claim. Unfortunately, for many who are injured in motor vehicle accidents, the funding limits of the MIG do not go far. Accordingly, the issue as to what allows for transition out of the MIG in a claim for accident benefits is a common concern among accident victims and personal injury lawyers. ... [read more]