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Tuesday, May 26, 2020 @ 8:31 AM

The good, bad and risky: Physician obligations during COVID telemedicine_doctor_sm

We often hear that one of the silver linings of this COVID-19 pandemic will be increased access to health-care professionals through technological innovations such as telemedicine and other remote care solutions. Indeed, the pressures brought by the disease on hospitals and traditional care facilities, whether actual or anticipated, have facilitated this general embrace of technology as a fundamental partner of modern health care. ... [read more]

Monday, May 25, 2020 @ 2:03 PM

Accidental death benefits and virus transmission Coronavirus sign

Few terms have garnered as much judicial consideration in the context of insurance coverage as the term “accident.” The common understanding of insurance is protection from unforeseen, unexpected or unintended events and their consequences. The grant of coverage under accidental death policies typically embraces loss caused by accident or accidental means (sometimes qualified by violent, sudden or external means). ... [read more]

Monday, May 25, 2020 @ 8:51 AM

Leading the way forward: Modernizing access to justice | Colin Stevenson

The winds of change have been blowing hard lately, but the saying “it’s an ill wind that blows no good” suggests that even something as thoroughly devastating and unwelcome as the COVID-19 pandemic can hopefully facilitate some positive change in the justice system. ... [read more]

Friday, May 22, 2020 @ 1:50 PM

Businesses not getting insurance coverage they paid for, says lawyer Tony Merchant

Insurance companies will see “lots of litigation” in the future for refusing to compensate businesses for losses suffered due to the COVID-19 crisis, says a lawyer behind class actions aimed at some of Canada’s largest providers. ... [read more]

Friday, May 22, 2020 @ 11:30 AM

You only get the release you bargained for Signing form

Releases are unique contracts. By their nature, they contain broad and general language to maximize the protection they provide in the unknown future. However, the recent decision of the Court of Appeal of Newfoundland and Labrador in Bailey v. Temple 2020 NLCA 3 is a caution: a party receiving a release doesn’t get more protection than that for which it bargained. ... [read more]

Thursday, May 21, 2020 @ 8:42 AM - Last Updated: Thursday, May 21, 2020 @ 9:39 AM

How COVID-19 helped Ontario’s court system | Michael Lesage

Prior to the emergence of COVID-19, the Ontario court system was barely functional. Intended to justly adjudicate matters in the most expeditious and least expensive manner, it had strayed badly off course. In the process, it had devolved into a nadir of bureaucratic rituals and pageantry that increasingly left it accessible only to big business and the most well off. ... [read more]

Friday, May 15, 2020 @ 3:23 PM

Can an unborn child make wrongful life claim? Fetus

While a “wrongful life” claim is a novel question of law, it is certainly not a rare one. This type of claim has been examined by the Canadian courts on several occasions and, most recently, by the Ontario Superior Court of Justice in Florence v. Benzaquen 2020 ONSC 1534. ... [read more]

Thursday, May 14, 2020 @ 12:08 PM

Rights, remedies between primary, excess insurers: Duties owed Insurance binders

This article examines the nature and scope of the duties owed between primary and excess insurers from a Canadian perspective, including a consideration of common issues that arise when multiple layers of insurance are potentially applicable to a claim. ... [read more]

Thursday, May 14, 2020 @ 10:00 AM

THE INSURANCE CONTRACT - Interpretation

Appeal by the defendant insurer from an order dismissing its motion for summary judgment and granting judgment to the respondents. ... [read more]

Wednesday, May 13, 2020 @ 9:46 AM

Largest COVID-19 class action in Canada launched against long-term care chains Darryl Singer

As the COVID-19 pandemic claims the lives of older Canadians, the long-term care homes in which they reside are facing growing accusations of negligence. ... [read more]