Focus On

Insurance

Latest

Thursday, January 16, 2020 @ 3:56 PM

My profession is phenomenal | Jasmine Daya

The only constant in life is change. To believe that over a decade, the practice of law would not change is perhaps the starting point of the flawed and depressing commentary provided by Howard Levitt in the Financial Post. I do not know him personally but I felt compelled to provide a counter version to his disappointing take on the current state of my profession. ... [read more]

Thursday, January 16, 2020 @ 11:01 AM

Lawful duress, abuse of dominant position in obtaining waiver Paperplanes

The recent Quebec Court of Appeal decision Hydro-Québec v. Construction Polaris Inc. 2019 QCCA 990 dealing with unlawful duress and the ensuing annulment of a waiver can be compared with the common law approach. While it is important for the court to determine whether the party relying on the waiver or transaction was in good faith or not as to the legality of its actions, bad faith remains an elusive evidentiary concept in a commercial context. ... [read more]

Thursday, January 16, 2020 @ 9:46 AM

Goldman Sloan Nash & Haber adds counsel

Goldman Sloan Nash & Haber LLP (GSNH) announced that Clifford Blundell has joined the firm's construction law group as counsel. ... [read more]

Wednesday, January 15, 2020 @ 10:45 AM

Why evolution of legal model desperately needed | Shama Rafiq

When it comes to access to justice, we often forget that the old law firm structures are a major deterrence to ensuring that anyone and everyone has a fair chance to having their day in court. ... [read more]

Wednesday, January 15, 2020 @ 9:48 AM

Harper Grey adds two associates

Harper Grey announced that associates Mark McPhee and Joe Antifaev have joined the Vancouver firm’s insurance and health law groups. ... [read more]

Tuesday, January 14, 2020 @ 2:35 PM

Early neutral evaluation: A litigation off ramp off_ramp_sm

There are many forms of alternative dispute resolution, each with their own characteristics. Mediation and arbitration are well known to lawyers in Canada. However, one form of alternative dispute resolution that tends to get overlooked in Canada is early neutral evaluation — known as ENE — where an independent and impartial evaluator assesses the merits of the case. ENE is far more than a mediation in that it forces the evaluator to make an assessment of the case and communicate it to the parties. ENE offers a new off ramp that should be considered by litigation counsel. ... [read more]

Tuesday, January 14, 2020 @ 10:51 AM

Dutton Brock adds three partners

Dutton Brock LLP announced that Jordan Black, Elizabeth DiQuattro and Chad Leddy have joined the Toronto insurance law firm’s partnership.  ... [read more]

Friday, January 10, 2020 @ 10:59 AM

Limitation period for duty to defend applications Man on clock

The limitation period for commencing duty to defend applications was recently clarified by the Ontario Court of Appeal in Reeb v. Guarantee Co. of North America 2019 ONCA 862 (Reeb). ... [read more]

Thursday, January 09, 2020 @ 11:58 AM

Role of secret surveillance in workplace Hi tech video

The most frequent use of secret surveillance is when an employee is off work and collecting benefits due to an injury, and the employer or the insurer has reason to suspect that the employee is exaggerating. The employer will sometimes hire a private investigator, who will follow the injured worker around and take secret videos.   ... [read more]

Wednesday, January 08, 2020 @ 8:30 AM

Lawyer warns of company’s demand to scrub Internet, news media of comments David_Coles_sm

An eye must be kept open for “dangerous” stipulations slipped into settlements obligating plaintiffs to “rewrite the past” as part of the agreements, says a lawyer after a Nova Scotia man almost faced the daunting task of having to erase any prior statements he made online and to the media about his fight with a car company. ... [read more]