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Monday, November 04, 2019 @ 12:48 PM

McLachlin on A2J, climate change, sexual assault, AI, pro bono, lawyers’ ‘vital’ role Beverley McLachlin

The Charter may offer an avenue for combating climate change, former Chief Justice of Canada Beverley McLachlin says as climate litigation ramps up here and in the rest of the world. “I think the main obligation, constitutionally, for tackling this major problem rests with the federal government and the provinces — but courts are part of the picture because the [Charter s. 7] right to life, liberty and security of the person is something that all of us are entitled to, and climate change may tie into that,” Canada’s former top judge suggested in a wide-ranging LexisNexis Canada webinar on access to justice Oct. 10. ... [read more]

Thursday, October 31, 2019 @ 5:00 PM - Last Updated: Friday, November 01, 2019 @ 10:42 AM

SCC rules on civil law’s ‘presumption of life’ that applies for first 7 years person is missing Chief Justice Richard Wagner

The Supreme Court of Canada has ruled 6-3 that a Quebec woman who inherited from her late ex-spouse must repay nearly half-a-million dollars in pension benefits his estate received while he was missing and presumed alive before his remains were found. The Oct. 31 majority decision co-authored by Chief Justice Richard Wagner and Justice Clément Gascon dismisses Lynne Threlfall’s appeal: Threlfall v. Carleton University 2019 SCC 50. ... [read more]

Tuesday, October 29, 2019 @ 12:20 PM

Clément Gascon reflects on 5 years at SCC; says access to justice ‘huge challenge’ for bar, bench TLD Exclusive

Lawyers could face mandatory pro bono obligations if they don’t rise to the “huge challenge” of facilitating civil access to justice for Canadians who can’t afford their services, newly retired Supreme Court of Canada Justice Clément Gascon tells The Lawyer’s Daily. ... [read more]

Tuesday, October 29, 2019 @ 8:14 AM

ACTIONS - Practice and procedure - Costs

Appeal by the defendant insurer from the award of special costs against it. ... [read more]

Monday, October 28, 2019 @ 8:31 AM

What constitutes a material change in risk: A review of two recent decisions Man about to walk tightrope

When does an insured’s failure to disclose a material change in risk to its insurer entitle the insurer to void an insurance policy? Two recent BC Supreme Court cases considered this question in the context of home insurance policies. ... [read more]

Friday, October 25, 2019 @ 10:31 AM

Giving consideration to plaintiffs’ right to sue Man falling

When the evidence in a personal injury action suggests that one or more of the parties were working when the accident occurred, insurers and defence counsel should turn their minds to whether the action is suitable for a Right to Sue Application. ... [read more]

Thursday, October 24, 2019 @ 12:20 PM

How to support clients with business interruption insurance claims Scissors cutting road

The Maritimes are still recovering from the damages caused by Hurricane Dorian, which approached the region as a category 2 hurricane in September. Over 450,000 residential and commercial properties incurred property damage and lost power in Nova Scotia, New Brunswick and Prince Edward Island. ... [read more]

Tuesday, October 22, 2019 @ 10:56 AM

Accounting for business interruption loss after cyber attack Number 404 with plugs

Cyber attacks are becoming more sophisticated, leading to an increase in the size and volume of cyber insurance claims. This article discusses how cyber losses can result in a business interruption loss and how companies should go about documenting and quantifying these losses should they occur. ... [read more]

Tuesday, October 22, 2019 @ 9:05 AM

SCC’s Gascon encourages lawyers and judges to talk openly about anxiety, depression Exclusive

Judges of the Supreme Court of Canada are legal icons, so it’s easy to forget that they are human beings and struggle with the same afflictions as the rest of us. That’s why retired Justice Clément Gascon’s decision to reveal that he lives with anxiety and depression has been so salutary for the legal profession’s awareness of, and efforts to destigmatize, the mental health challenges so many lawyers and judges face. ... [read more]

Thursday, October 17, 2019 @ 5:54 PM

The 2019 federal election roundup Federal Election 2019

With Canadians gearing up for the final day of voting on Monday, we’ve put together a collection of insights we’ve published over the past month or so offering some informed perspectives on the important issues of the federal election. ... [read more]