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Wednesday, January 13, 2021 @ 6:03 AM

CIVIL PROCEDURE - Default judgments - Setting aside

Appeal by the plaintiff from a decision setting aside the appellant’s default judgment against the respondent. The appellant sued the respondent insurer for breach of contract after the respondent denied the appellant’s claim under an insurance policy. ... [read more]

Monday, January 11, 2021 @ 9:08 AM

Pandemic underlines critical need for law firms to create contingency plans, speakers say Kirsti Mathers McHenry sm

When Ontario’s first COVID-19 lockdown was implemented in March 2020, Kirsti Mathers McHenry was on a beach in Bonaire. The next day, the lawyer and consultant with Mathers McHenry & Co., who manages strategy and operations for the Toronto-based employment law firm, was back in the office, asking the organization’s then-complement of six lawyers and staff what they needed to do their jobs from home for the next day, week and month. ... [read more]

Wednesday, January 06, 2021 @ 8:16 AM

Embrace of work-life balance coming to legal profession | Gary Joseph and Tori Joseph

We are bookends in the profession. The older one nearing the expiry of his useful shelf life as a lawyer (Gary, if you can’t tell from the pics) and Tori, the fresh and eager face in the profession. ... [read more]

Tuesday, January 05, 2021 @ 1:24 PM

Can employers mandate COVID-19 vaccination? Closeup

With the news of the release of a COVID-19 vaccine, many employees will have questions and/or concerns about what this means for them in the workplace context. While this is uncharted territory in many ways, this article will provide some information and clarification for employees. ... [read more]

Monday, January 04, 2021 @ 10:39 AM

Regulatory changes aim to curb rising strata insurance rates in B.C. Two buildings

British Columbia is home to almost 700,000 strata properties, ranging up to more than $200 million in insured value for these buildings and the common property within them. Strata corporations are statutorily required, pursuant to the Strata Property Act, to maintain property and liability insurance in an amount equal to the full replacement value of the property in question. ... [read more]

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]