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Thursday, February 07, 2019 @ 9:51 AM

Chief Justice Wagner improves public communication, brings new ideas, change to top court, CJC and NJI TLD Exclusive

Richard Wagner, Canada’s reform-minded top judge, has already overseen changes at the three major legal institutions he leads — the Supreme Court of Canada, the Canadian Judicial Council (CJC), and the National Judicial Institute (NJI) — and there are more changes to come, he advises in a wide-ranging exclusive interview. ... [read more]

Tuesday, February 05, 2019 @ 1:26 PM

Jail sentences in labour rulings could become more common Man in Dark Cell

There have been thousands of Occupational Health and Safety Act (OSHA) convictions in Ontario, but less than two dozen jail sentences. ... [read more]

Tuesday, February 05, 2019 @ 9:26 AM

Federal Court approves settlement in ‘novel’ employment insurance class action Stephen Moreau, Cavalluzzo LLP

A Federal Court justice has approved a class action settlement in a case brought on behalf of people who were denied employment insurance (EI) sickness benefits because they were on parental leave at the same time as their illness. ... [read more]

Friday, February 01, 2019 @ 11:18 AM

Summary judgment motions in MVA cases are viable options carswervinginsnow_sm.jpg

In the recent decision of Pavlovic v. Vankar 2019 ONSC 61, the Ontario Superior Court of Justice granted a summary judgment motion and dismissed a lawsuit against an injured plaintiff and a cross claim by the co-defendant. In doing so, the court signalled that summary judgment motions in motor vehicle accident (MVA) cases, in certain contexts, are viable options worthy of consideration. The motion was granted despite there being conflicting evidence on a key liability issue. ... [read more]

Thursday, January 31, 2019 @ 2:03 PM

Time to expand analysis of the merits in all class actions classaction_arrow_sm

Class actions are complicated and expensive. They carry significant risk. As a result, the vast majority of class actions settle prior to trial, and a substantial proportion settle relatively soon after a successful certification motion. Because parties are generally unwilling to fight a matter through trial, the certification motion becomes the inevitable battleground for disputes. ... [read more]

Thursday, January 31, 2019 @ 1:12 PM

Cox & Palmer names seven new partners at four offices

Cox & Palmer announced that Geoff Breen (Halifax), Cindy Cameron (Summerside, P.E.I.), Matt Dorreen (Halifax), Steve Forbes (Charlottetown), Richard Norman (Halifax), Nick Ouellette (Saint John) and Mohammad Ali Raza (Halifax) have been named partners. ... [read more]

Tuesday, January 29, 2019 @ 8:48 AM

LIFE INSURANCE - Exclusions

Appeal by the estate administrator from summary judgment dismissing her action for payout of her son’s life insurance policy. ... [read more]

Thursday, January 24, 2019 @ 1:09 PM

Class action lawsuit raises questions for Ford, insurance regulator | Jasmine Daya

Eleven auto insurance companies that have allegedly withheld hundreds of millions of dollars in HST payments from Ontario car accident victims since 2010 have been named in 11 class action lawsuits that now total $1.1 billion in damages. None of the 11 class actions has been certified or tested in court. ... [read more]

Thursday, January 24, 2019 @ 10:20 AM

SCC to look at constitutionality of genetic discrimination ban nixed by ex-AG Canada but supported by new AG David Lametti

Canada’s new Attorney General David Lametti voted to create a federal ban on genetic discrimination two years ago that the then-Attorney General, Jody Wilson-Raybould, vigorously argued — and the Quebec Court of Appeal later agreed — is not a constitutionally valid exercise of Ottawa’s criminal law power. ... [read more]

Wednesday, January 23, 2019 @ 12:49 PM

Keyes elected Cox & Palmer’s N.B. managing partner

Cox & Palmer announced that Edward Keyes has been elected New Brunswick managing partner. ... [read more]