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Wednesday, December 20, 2017 @ 5:21 PM

SCC slashes damages award against Deloitte, cuts scope of auditor’s liability in Livent case Clément Gascon

In a 4-3 decision on the liability of auditors for negligent misrepresentation, the Supreme Court has slashed from $85 million to $40.5 million (plus interest) the damages that Deloitte LLP must pay to the receiver of its former client, Livent Inc., for negligently auditing the now-insolvent Toronto live entertainment company that was bedevilled by fraud. ... [read more]

Wednesday, December 20, 2017 @ 9:32 AM

‘Family member exclusion’ in insurance policy passes the test in B.C.’s top court Escalator

The British Columbia Court of Appeal unanimously reversed a lower court judgment in an insurance coverage dispute involving a fall from an escalator, ruling that an exclusion clause regularly found in homeowner insurance policies is unambiguous and operates to deny coverage in a broad range of instances. ... [read more]

Monday, December 18, 2017 @ 2:59 PM

Calgary’s Dolden Wallace Folick adds insurance associate

Insurance law specialist Dolden Wallace Folick LLP has a new associate in the firm’s Calgary office. ... [read more]

Friday, December 15, 2017 @ 8:28 AM

Litigation costs lead to systemic inequality for road violence victims | Patrick Brown

Litigating on behalf of victims is becoming very difficult in the current legal climate. The financing of claims has become increasingly more expensive and well outside of what the ordinary litigant can afford. However, the same does not apply to insurance companies, which have the means to litigate their cases against the seriously injured. ... [read more]

Thursday, December 14, 2017 @ 2:48 PM

Schnapp launches mediation practice

Marshall Schnapp has opened a new office in Toronto, offering mediation and arbitration services. ... [read more]

Wednesday, December 13, 2017 @ 9:13 AM

A look back at threshold motions in 2017 finds judges are giving a balanced analysis

To lawyers practising personal injury and insurance litigation, a topic of perennial interest concerns decisions with respect to the statutory threshold under the Insurance Act. As the year draws to a close, we examine the threshold motions that have been reported and the common themes that can help parties on both sides assess their risk in cases where the threshold is likely to be in dispute. ... [read more]

Monday, December 11, 2017 @ 10:50 AM

Ontario unveils new automobile insurance plan aimed at reducing costs, fraud Steve Rastin, Rastin & Associates

Ontario has released a plan to make automobile insurance more affordable by addressing fraud and providing better access to care, but observers say there needs to be some fundamental changes in the system to ensure it works to maximize the benefit for all consumers. ... [read more]

Thursday, December 07, 2017 @ 9:51 AM

Supreme Court's ruling in Saadati puts physical, mental injuries on equal footing Mental injury

The key takeaway from the decision is that an injury is just that, and that there will be no substantive distinction in law or practice between a mental or physical injury — in part because it is becoming increasingly apparent that such dichotomies are not likely scientifically valid. This general theme may have application to a wide variety of other cases. ... [read more]

Thursday, December 07, 2017 @ 9:35 AM

B.C. action on distracted driving called ‘long overdue’ Scott Stanley, Murphy Battista LLP

The government of British Columbia is pledging to fight distracted driving — and is using the provincially owned automobile insurance provider to do it. ... [read more]

Thursday, November 30, 2017 @ 9:52 AM

Tort law surrounding mental injuries is evolving, thanks to the Supreme Court Mental injury

Until very recently, society's attitudes toward mental illness have been largely reflected in the legal realm, with more stringent tests for establishing a compensable mental injury. However, the law has been moving in the direction of greater recognition of mental health problems. ... [read more]