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Tuesday, June 30, 2020 @ 12:12 PM

Tips for safe, legal videoconferencing Maskwearingcomputeruser.jpg

Due to COVID-19 and social distancing, we now have no better alternative to videoconferencing. It has essentially become the new default for meetings, but this has brought about a very serious question as to whether Zoom or other videoconferences are safe for lawyers, doctors, government organizations and others to use.  ... [read more]

Tuesday, June 30, 2020 @ 9:23 AM

Joint liability under Ontario Policy Change Form 44R: Third party’s policy ‘available’ Smashed car

In Tuffnail v. Meekes 2020 ONCA 340, the Court of Appeal addresses issues related to underinsured automobile coverage. The court interprets s. 7 of the Ontario Policy Change Form 44R — Family Protection Coverage (OPCF 44R) endorsement. ... [read more]

Tuesday, June 30, 2020 @ 5:51 AM

AUTOMOBILE INSURANCE - Uninsured or underinsured motorist coverage 

Appeal by the plaintiff from the post-verdict ruling regarding his Ontario Policy Change Form 44R (OPCF 44R) endorsement and in the apportionment of liability to the third party Coulthard. ... [read more]

Friday, June 26, 2020 @ 9:11 AM

Remote hearings, examination of witnesses: Best practices online_courtroom_sm

With the adoption of remote hearings by the courts in this pandemic, concern has been expressed as to due process issues, particularly regarding the remote examination of witnesses. In the seminal case of Arconti v. Smith 2020 ONSC 2782 for example, the plaintiffs objected to the remote examination for discovery of a defendant because “the plaintiffs do not trust the defendants not to engage in sleight of hand to abuse the process,” among other reasons. ... [read more]

Thursday, June 25, 2020 @ 12:54 PM

Ontario Court of Appeal clarifies law on interprovincial insurance coverage, says lawyer Anthony Gatensby sm

In a decision likely to have long-term implications for the insurance industry, the Ontario Court of Appeal has imposed greater clarity in jurisdictional disputes between insurance companies — finding that an arbitrator made several serious legal errors. ... [read more]

Thursday, June 25, 2020 @ 12:25 PM

Harper Grey adds six associates

Harper Grey announced that Alicia Catalano, Luke Elliott, Caryna Jiwani, Neal Parker, Aynsley Severide and Nicola Virk have joined the Vancouver firm as associates. ... [read more]

Wednesday, June 24, 2020 @ 1:25 PM

Defence of driving: Many parts to car law coplight

The kind and number of offences relating to driving and “traffic court” are enormous. Since driving varies between urban and rural spaces, based on weather, traffic and innumerable other factors the rules vary largely based on the situation as well. ... [read more]

Wednesday, June 24, 2020 @ 9:22 AM

Door still open to social host liability even after B.C. judge denies latest claim: lawyers Bill Dick

Lawyers on both sides of B.C.’s personal injury bar say social host liability cases will continue to flow even after a B.C. Supreme Court judge rejected the latest attempt to establish a claim. In McCormick v. Plambeck 2020 BCSC 881, B.C. Supreme Court Chief Justice Christopher Hinkson declined to hold two parents who hosted a teenage birthday party responsible for injuries suffered by one of the guests in a fatal crash following the event. ... [read more]

Wednesday, June 24, 2020 @ 8:51 AM

Ethics during the pandemic: Avoiding Faustian bargain | Joël Roy

As trial attorneys, to say our professional (and, often, personal) lives have been turned upside down by COVID-19 would be a major understatement. Postponed trials, anxious clients and a growing sense of helplessness have surely marked our practices in these troubled times. Yet, many of us see the justice system’s increased openness to technology as one potential silver lining. Indeed, courts now seem more and more willing to engage in remote hearings, virtual discovery and e-filing, which is truly something to celebrate amidst the otherwise chaotic state of litigation across the country. ... [read more]

Tuesday, June 23, 2020 @ 2:55 PM

Supreme Court sees no absurdity in Court of Appeal decision in light of Vavilov Supreme Court of Canada2

On June 4, the Supreme Court of Canada dismissed with costs Economical Mutual Insurance Company’s application for leave to appeal the Ontario Court of Appeal’s decision in Tomec v. Economical Mutual Insurance Company 2019 ONCA 882. The Court of Appeal allowed the insured’s appeal from an application for judicial review of a decision of the Licence Appeal Tribunal (LAT), upheld by the Divisional Court, where Economical had successfully raised a limitation defence. ... [read more]