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Wednesday, August 14, 2019 @ 12:27 PM

Insurance case stresses importance of both objective, subjective evidence, says lawyer Jonathan_Abrametz_sm

Saskatchewan’s Appeal Court has reinforced the principle that both “objective and credible subjective evidence” must be heard, says the lawyer of a farmer who was wrongfully denied extended income benefits after testifying an auto accident left him unable to work. ... [read more]

Wednesday, August 14, 2019 @ 9:18 AM

In defence of the jury system in Ontario | Michael Smitiuch

On matters concerning injury victims, it is not very often that my views align with those of the defence bar in Ontario. So when I read the submissions made by Canadian Defence Lawyers (CDL) about the proposed revamping of the jury system and agreed with most of their general points, this caused me some concern. As a plaintiffs’ lawyer representing only injury victims, how could it be that I was seemingly on the same page as those who so often stand between victims and their pursuit of justice? ... [read more]

Friday, August 09, 2019 @ 2:28 PM

Champerty in third-party litigation funding darkfacebehinddollars.jpg

The standard rule in Canadian civil litigation is that the loser pays a portion of the legal costs of the winning side. Such a rule does not make sense for class actions, including employee class actions. There is a single plaintiff in court who represents a large class of persons — the representative plaintiff. No sane representative plaintiff who might stand to gain $100 from the success of a class action is going to expose himself to the risk of an adverse cost award that could be over $1 million. ... [read more]

Friday, August 09, 2019 @ 11:46 AM

Vancouver firm opens Toronto office

Vancouver law firm Alexander Holburn Beaudin + Lang LLP announced its expansion to Toronto and the opening of its new office on Aug. 10 in the TD Canada Trust Tower of Brookfield Place on Bay Street. ... [read more]

Thursday, August 08, 2019 @ 1:19 PM

How blind spots affect judgment in everyday legal practice Two heads grey

This is the final part of a three-part series discussing how cognitive biases and heuristics can affect everyday legal practice. Part one discussed the well-known concept of anchoring. Part two dealt with the concepts of framing and the illusory truth effect. This final chapter addresses the concept of “irrational escalation” and the “bias blind spot.” ... [read more]

Thursday, August 08, 2019 @ 9:25 AM - Last Updated: Thursday, August 08, 2019 @ 12:56 PM

Longtime Ontario firm Hughes Amys ceases operations

Hughes Amys LLP, a prominent Ontario insurance litigation firm in operation for over 100 years, has closed. According to the firm’s website, Hughes Amys has “ceased operations” and inquiries have been directed to a generic e-mail address. When The Lawyer’s Daily contacted the firm, the chief operating officer, Mary Lavis-Todd, responded but declined to comment on the date and cause of the closure.  ... [read more]

Thursday, August 08, 2019 @ 8:41 AM

Evolution of bad faith claims in Canada: Risk management suggestions Man Walking on Tightrope

While there have been a handful of cases involving alleged bad faith conduct since the Sidhu v. The Wawanesa Mutual Insurance Co. 2011 BCSC 1117 and McDonald v. The Insurance Corp. of British Columbia 2012 BCSC 283 decisions, awards for punitive damages in bad faith claims have decreased since the Whiten v. Pilot Insurance Co. 2002 SCC 18 award for $1 million. Perhaps this decrease can be explained by the trend of all litigants to settle before trial in order to avoid litigation cost and risks. The result is that fewer courts have had the opportunity to assess the bad faith conduct of an insurer. ... [read more]

Wednesday, August 07, 2019 @ 11:13 AM

AI poses legal challenges for health care practitioners, insurers Computer and human hands touching screen

Recent advances in health care-related artificial intelligence (AI) have generated significant enthusiasm. Researchers have created AI to, among other things, identify certain pathologies from diagnostic images, help maximize the utility of complex organ matching systems and assist in certain aspects of surgery. As these AI applications are implemented, new legal and policy challenges are emerging for both health care practitioners and the institutions that insure them. ... [read more]

Wednesday, August 07, 2019 @ 8:04 AM

INSURERS - Duty to defend

Appeal by the insurer from an order that it had a duty to defend the respondents, and from an award of special costs. ... [read more]

Tuesday, August 06, 2019 @ 10:50 AM

Two new insurance associates for Blaney McMurtry

Blaney McMurtry announced that Lucas Kittmer and Maria Christodoulou have joined the firm as associates. ... [read more]