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Friday, June 15, 2018 @ 10:11 AM - Last Updated: Friday, June 15, 2018 @ 3:33 PM

SCC affirms 7-2 Ontario and B.C. regulators’ denial of accreditation to TWU’s proposed law school Janet Epp Buckingham

In a four-opinion ruling, the Supreme Court of Canada has ruled 7-2 that the refusal of the law societies of Ontario and B.C. to accredit Trinity Western University’s (TWU) proposed law school was reasonable because the regulators proportionately balanced the impact on the religious freedom rights of TWU’s community with the regulators’ mandate to protect the public — including promoting equal access to the legal profession, diversity and lawyer competence, as well as upholding a positive public perception of the legal profession. ... [read more]

Thursday, June 14, 2018 @ 1:32 PM

Third party liability claims, other issues arising from Yonge Street van attack red&blueflashinglights_sm.jpg

In part one of this series I wrote about the accident benefits coverage issues arising from the April 23 Toronto van attack on Yonge Street. “But what about the other coverages under the standard auto policy?” you ask. ... [read more]

Thursday, June 14, 2018 @ 10:32 AM

Accountability erosion in tort system and special status to the car | Patrick Brown

The purpose of tort law is to compensate one person for the losses caused by another. You punch someone in the nose, you pay. It is a foundational principle of tort law that the plaintiff is to be restored to the position they were in, prior to the negligent actions of the defendant. As quoted, it cast a wide net of protection. Despite this however, over the years we have decided to abandon our basic principles of accountability and afford special status to those torts committed behind the wheel of the car. ... [read more]

Wednesday, June 13, 2018 @ 8:37 AM

Texting to a driver could be illegal — here’s why texting driver

In the criminal justice system, a person is guilty of criminal negligence if they do anything, or omit to do something that is their duty, that shows a wanton or reckless disregard for the lives or safety of other people. While it is rarely seen as these matters often do not come to light until after the unfortunate injuries or death have already occurred. ... [read more]

Tuesday, June 12, 2018 @ 10:28 AM

Decision affects mortgage fraud insurance claims, title insurers mortgage_funds_sm

A recent Court of Appeal decision highlights the importance of disbursing private mortgage funds only directly to the registered title holder and not to a third party. ... [read more]

Wednesday, June 06, 2018 @ 3:23 PM

Legal and liability aftermath of the Yonge Street van attack red&bluecarcrash_sm.jpg

The insurance lawyer in me is interested in the various claims that have arisen (and might still arise) as a result of the April 23, 2018, “van attack” on Yonge Street. If you were to journey into my coverage-geek brain, this is what you might see: ... [read more]

Wednesday, June 06, 2018 @ 9:33 AM

Legal Aid Commission’s decision not to fund human rights claims not discriminatory: N.W.T Court of Appeal Chris Buchanan sm

The Northwest Territories Court of Appeal has determined that the Legal Aid Commission’s policy not to fund human rights complaints is not discriminatory as it’s not a “service customarily made available to the public.” ... [read more]

Friday, June 01, 2018 @ 2:30 PM

Harper Grey adds five associates

Five new associates have joined the ranks of Harper Grey LLP. ... [read more]

Thursday, May 31, 2018 @ 1:38 PM

To lend a car or not to lend a car, that is the question 2carcrash_sm.jpg

How often have you lent your car to a family member, friend or colleague without giving it a second thought? Perhaps it’s time you reconsidered. ... [read more]

Friday, May 25, 2018 @ 8:56 AM

Expert bias: How trial courts are applying the White Burgess analysis accountinghands_sm.jpg

In 2015 in White Burgess Langille Inman v. Abbott and Haliburton Co. 2015 SCC 23 the Supreme Court of Canada released a comprehensive decision on expert bias and how it relates to the admissibility and weight of expert evidence. The evidence must pass two stages: the threshold stage and gatekeeper stage. If the evidence passes both, any residual concerns about bias should be reflected in the weight given to the expert opinion. ... [read more]