Focus On

Insurance

Latest

Thursday, March 25, 2021 @ 11:35 AM

Range of documentary production in loss transfer dispute Two hands holding file folder

In the decision of Unifund Insurance Company v. Chartis Insurance Company of Canada (Jan. 14, 2021), Arbitrator Bialkowski ordered broad documentary productions from a first party insurer in the context of a loss transfer dispute. ... [read more]

Wednesday, March 24, 2021 @ 1:23 PM

Access to (In)justice: A critical race reflection | Joshua Sealy-Harrington

It is a privilege to be invited by the Right Honourable Beverley McLachlin to write the second guest column in her The Lawyer’s Daily series on access to justice. In the first guest column (by Justice Michelle O'Bonsawin), the former chief justice of Canada indicated that her hope for such columns was to widen perspectives on access to justice. With that in mind, I want to briefly explore how the dominant individualistic paradigm of access to justice is flawed, and how we must shift to a systemic paradigm for meaningful access to justice in Canada to be realized. ... [read more]

Tuesday, March 23, 2021 @ 11:50 AM

Responding to improved pandemic scams Phone with COVID scam symbol

Recently, we published a piece about common COVID-19 scams and how to reduce one’s risk of being a victim of fraudsters. In the below article, we list and describe some other scams. We also provide useful advice about how to combat fraud. ... [read more]

Tuesday, March 23, 2021 @ 10:32 AM

Major shortcoming of new interpretive guideline for catastrophic impairment designations Brain with some areas missing

The Financial Services Regulatory Authority of Ontario’s (FSRAO) new Interpretive Guideline, which impacts the only automatic catastrophic impairment (CAT) designation in the statutory accident benefits schedule (SABS 34/10), was a good change, but it didn’t go far enough. I’ll explain why, as well as discuss the additional changes needed to improve the fairness of the CAT designation process and eliminate the discriminatory ramifications based on geography, which were inherent in the old “Superintendent’s Guideline No. 01/16” that it replaced. ... [read more]

Tuesday, March 23, 2021 @ 9:17 AM

Gavel game: Small but real differences between Canadian, U.S. legal systems Gavel on red law book

We call it the “Gavel Game.” Try this at home, or wherever else COVID-19 allows you to roam with others. Ask any Canadian whether they believe our judges use gavels in their courtrooms. Litigators know that the answer is no, but almost everyone else will get it wrong, including non-litigator lawyers (as we learned when we recently gavel gamed a veteran Toronto securities lawyer). ... [read more]

Monday, March 22, 2021 @ 1:57 PM

Negotiating expropriation process: Compensation for taken land House locked in a bird cage

“When you told me that I want too much, I considered how much you take.” ... [read more]

Friday, March 19, 2021 @ 11:17 AM

New, improved pandemic scams Phone with COVID scam symbol

While the COVID-19 pandemic has led to many changes, it, unfortunately, has not changed some things. One such thing is the presence of fraud and scams. Fraudsters and scam artists do not take a vacation during economic downturns. They actually become more active. Since March 2020, there have been more than 10,000 Canadian reports of fraud and Canadians have lost $7 million to fraud. Some scam artists have “cashed in” on COVID-19 and created scams specific to COVID-19. ... [read more]

Friday, March 19, 2021 @ 8:34 AM

Power of pixie dust: Accessing justice one year later | Bo Kruk

Just over a year ago, the world fundamentally changed. Overnight, bustling downtowns resembled scenes from films like 28 Days Later. Schools closed as learning shifted online, working from home became commonplace, and the courts restricted matters to only those that were urgent. Gradually, we started to adapt to this new reality and its increased digital presence. These adjustments have spurred positive changes while others have created new challenges. Throughout this shift in our collective lifestyles, the wheels of the legal machine never stopped. ... [read more]

Friday, March 19, 2021 @ 6:22 AM

INSURERS - Duty to defend

Appeal by CE Design from two decisions that declined to stay the proceedings of the respondent Saskatchewan Mutual Insurance (SMI) and granted SMI summary judgment. ... [read more]

Thursday, March 18, 2021 @ 11:44 AM

Women in law: Where are we now? | Jasmine Daya

On March 8, we celebrated International Women’s Day to commemorate women’s achievements. Over the years, I have become more appreciative of this day, perhaps as I gain a better understanding of what it means to be a lawyer, wife and mother, among my many other roles. This year, I fear my gender has regressed within the practice of law. ... [read more]