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Tuesday, April 21, 2020 @ 7:46 AM

AUTOMOBILE INSURANCE - Accident benefits - Income replacement

Appeal by Van de Sype from a decision of the Automobile Injury Appeal Commission (Commission) upholding a 2013 decision of the respondent concluding that he was substantially able to perform the essential duties of his employment and terminating his income replacement benefits. ... [read more]

Monday, April 20, 2020 @ 2:22 PM

Advice on winning first virtual appeal: Exceptional electronic documents BWvideoconference

Hand-in-hand with the significance of writing persuasive facta, preparing and filing exceptional electronic documents is key to effective e-hearing advocacy. As many among us, both bench and bar, work through the transition to a more virtual delivery of justice there will no doubt be learning curves on all sides. ... [read more]

Monday, April 20, 2020 @ 1:40 PM - Last Updated: Tuesday, April 21, 2020 @ 12:53 PM

Many insurance policies simply didn’t factor in pandemic risk: lawyer Gord_McGuire_sm

Issues with business interruption insurance have inspired petitions and class actions across the country as people grapple with a loss of revenue during the COVID-19 pandemic. The Merchant Law Group LLP has launched a nationwide class action “on behalf of Canadian business owners and certain self-employed professionals who are being denied business interruption insurance during COVID-19 by the following insurers... ... [read more]

Monday, April 20, 2020 @ 9:01 AM

Technology and the courts: Now or never | Neil Wilson

The COVID-19 pandemic has ground justice to a halt together with the rest of society. The only way to keep going will be to finally embrace what the justice system has resisted for so long: the use of technology. As the saying goes “necessity is the mother of invention” — or, in our case, necessity may be the mother of finally applying long-available inventions to the trade of lawyering. ... [read more]

Friday, April 17, 2020 @ 1:50 PM

Welcoming e-advocacy: Advice on winning your first virtual appeal V&Wvideoconference

The world of advocacy is changing. With the advent of social distancing how we deliver legal services, and especially how we assist clients navigating the justice system in our courts, has changed abruptly and significantly. ... [read more]

Friday, April 17, 2020 @ 11:02 AM

Problem with Ontario courts: A report from the trenches manwithpilepapers

Ontario’s court system is a behemoth of bureaucracy. When functioning properly, bureaucracy can be beneficial. The criminal justice system requires meticulous record-keeping to operate. Procedures act as safety valves to protect the public. Even sceptics of deterrence’s effectiveness accept that the overall system deters crime. Being dragged into the system provides a deterring effect in the same way that one wants to avoid a vehicle collision to avoid insurance paperwork. ... [read more]

Thursday, April 16, 2020 @ 11:09 AM

Misrepresentation of terrorist activity voids life insurance coverage, court finds Man crossing fingers behind back

Ontario’s appellate court has provided further clarity on the scope of an insured’s duty to make full disclosure of all material facts. ... [read more]

Thursday, April 16, 2020 @ 8:50 AM

Hydroxychloroquine and the Hippocratic oath hcqs_capsule_sm

The quote is so popular that most people have heard it: primium non nocere, or “first, do no harm.” This abstentionist principle, more often referred to as the Hippocratic Oath, has almost entirely encapsulated the essence of medical ethics since its first formulation in 410 BC. Today, its wisdom resonates as much in medical research ethics committees as in Quebec’s Code of Ethics of Physicians, where ss. 47 and 48 directly draw this age-old principle into substantive law: ... [read more]

Tuesday, April 14, 2020 @ 11:43 AM

Quebec landlord-tenant considerations during COVID-19 signingrental documents

Parts one and two of this three-part series examined a few of the questions to ask in determining how a superior force event can affect landlord-tenant relationships in Quebec. Other questions naturally ensue. ... [read more]

Thursday, April 09, 2020 @ 11:49 AM

The calm before the storm: Business interruption insurance litigation Businessmen fighting COVID-19

As the economic fallout of COVID-19 grows, businesses are scrambling for relief from government ordered closures and other pandemic-related losses. In addition to government aid programs that are being rolled out, businesses across Canada and the United States are looking to their commercial insurance policies to understand if there is coverage for pandemic-related business interruption. ... [read more]