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Tuesday, November 06, 2018 @ 5:42 PM - Last Updated: Wednesday, November 07, 2018 @ 11:29 AM

Judicial council says judge was ‘ill-advised’ and violated rules by acting as Lakehead University’s interim law dean Brian Gover

In a decision expected to be challenged in Federal Court, the Canadian Judicial Council (CJC) has decided that Ontario Superior Court Justice Patrick Smith breached his obligations to devote himself solely to his judicial duties, and to stay out of public and potential legal controversy, when he took a leave of absence formally approved by his chief justice to act pro bono as interim dean of Lakehead University’s struggling new law school. ... [read more]

Thursday, November 01, 2018 @ 8:46 AM

INSURERS - Liability

Appeal by the plaintiffs and cross-appeal by the defendants from a certification judgment and related rulings in connection with a class proceeding. ... [read more]

Wednesday, October 31, 2018 @ 2:10 PM

Why brokers have to admit the limit of their expertise buidingonfire_sm.jpg

In 2049390 Ontario Inc. v. Leung 2018 ONSC 5759, the Ontario Superior Court of Justice considered the standard of care owed by an insurance broker providing coverage to a client. Specifically, the standard of care issue considered was whether a broker owes a duty to advise their clients: 1) that brokers are not experts in assessing replacement cost; and 2) to obtain an estimate of the cost of reconstruction from a professional to ensure that they have sufficient insurance coverage in the event the premises is destroyed by a covered loss. ... [read more]

Wednesday, October 31, 2018 @ 11:49 AM

The new impaired driving provisions: Another defence tactic bites the dust carbeer.jpg

Lawyers familiar with impaired driving law are aware of how much more difficult it has become to successfully defend a client over the last 10 years. The “golden age” of impaired driving defences has passed due to jurisprudential and statutory changes to the law. Shifts in the jurisprudence have reduced the availability of arguments based on highly technical legal applications of the law, such as the timing of breath samples, the use or descriptions of testing devices and the police officer’s subjective/objective basis for making breath sample demands. ... [read more]

Monday, October 29, 2018 @ 12:47 PM

Lerners adds litigation, family law associates

Lerners LLP announced that Julia Boddy and Jennifer Black have joined the firm’s Toronto office as associates. ... [read more]

Monday, October 22, 2018 @ 11:33 AM

New Ontario bill focuses on workplace mental health Workstresshead.jpg

On Jan. 1, 2018, a new bill in Ontario — Bill  127 — was enacted pursuant to the Workplace Safety and Insurance Act, 1997, as amended, to include assessment of chronic mental health claims, in addition to claims for traumatic mental stress. Under the revised legislation, people who first seek medical attention or are diagnosed with a work-related chronic mental stress disorder — on or after Jan. 1, 2018 — may be entitled to benefits under the new legislation. ... [read more]

Friday, October 19, 2018 @ 2:35 PM

DAMAGE INSURANCE - Liability insurance - Coverage - Exclusions

Appeals by 3091-5177 Québec inc. (Éconolodge) and Promutuel Insurance Portneuf-Champlain (Promutuel) from a judgment of the Québec Court of Appeal setting aside in part a decision of the Court of Québec. ... [read more]

Friday, October 19, 2018 @ 2:29 PM

SCC sheds light on ‘care, custody & control’ exclusion clause in Quebec commercial liability insurance contract Clément Gascon

The Supreme Court of Canada has 9-0 overturned a Quebec Court of Appeal ruling which relied on a standard liability exclusion clause in that province’s insurance contracts to reject a hotel’s insurance claims in respect of two guest cars stolen from the hotel’s “park and fly” parking lot. On Oct. 19, Justice Clément Gascon (Justice Malcolm Rowe concurring) ruled that the Appeal Court shouldn’t have interfered with the decision of the Court of Quebec judge below ... [read more]

Thursday, October 18, 2018 @ 3:00 PM

Dutton Brock hires two associates for insurance practice

Dutton Brock announced that Aly Pabani and Kate O’Malley joined the firm as associates. ... [read more]

Wednesday, October 17, 2018 @ 11:18 AM

B.C. bar association urging action on ‘acute’ issues with legal aid, auto insurance CBABC president Margaret Mereigh

The Canadian Bar Association, B.C. Branch (CBABC) is asking the B.C. government to increase funding for legal aid and to make changes to the recently transformed auto insurance system in the province as part of a number of recommendations it says will help to serve modern needs and lead to the efficient resolution of legal conflicts in B.C. ... [read more]