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Tuesday, October 06, 2020 @ 12:21 PM

Techniques for making video trials fair videotrial1.jpg

As we enter the second wave in Ontario it is clear that COVID-19 has completely disrupted the way we administer criminal justice. The courts have been forced to embrace video technologies that have, quite embarrassingly, been used in other professions for decades. ... [read more]

Tuesday, October 06, 2020 @ 9:20 AM

Summary judgment post COVID-19: Movement toward increased access to justice? Courthouse

COVID-19 is changing the world as we know it, particularly when it comes to the administration of justice. The courts have recognized both the need to bring the Ontario judiciary into the virtual world and the benefits that could be derived from same (which are already evident), including more timely and cost effective access to justice. ... [read more]

Monday, October 05, 2020 @ 3:22 PM

‘What do you mean I can’t get transcripts?’ cassette

Imagine you have just completed a 14-day trial by Zoom on behalf of your client. You did a bang-up job of presenting your case and an even better job of exposing the flaws in opposing counsel’s evidence. Nonetheless, the judge ruled against you. Never mind, that’s what appeals are for. Right? ... [read more]

Monday, October 05, 2020 @ 9:46 AM

Two new associates for Beard Winter

Beard Winter welcomes associates Oliver Gorman-Asal to its insurance litigation group and Charles Crossman to the Toronto firm’s corporate commercial group. ... [read more]

Friday, October 02, 2020 @ 2:37 PM

Send in the juries | Marcel Strigberger

It’s a mad, mad, world. The province of Ontario in its wisdom has resumed jury trials. ... [read more]

Friday, October 02, 2020 @ 10:49 AM

Partial shutdown of business does not preclude business interruption claim Insurance policy clipboard

As we head into the seventh month of the artificial economic lockdown ordered by Canadian governments at all levels and brace ourselves for the second wave of the COVID-19 pandemic, businesses in multiple sectors continue to seek compensation from their insurers for business interruption losses. ... [read more]

Thursday, October 01, 2020 @ 12:27 PM

What Snowbirds decision reveals about Canadian health care traveller

Doug Ford’s losing streak in the Ontario courts continues, with the decision in Canadian Snowbirds Assn. Inc. v. Ontario (Attorney General) [2020] O.J. No. 4036, released on Sept. 25. The Divisional Court ordered the Ontario government to restore health insurance coverage for people who face medical emergencies while travelling outside of Canada. ... [read more]

Thursday, October 01, 2020 @ 11:37 AM

Can a school be sued if a student becomes infected with COVID-19? Backpack and sanitizer

With the beginning of a new school year, many parents are wondering whether it is safe for their children to attend school. The new school year has also raised a number of legal questions with respect to the liability of schools and school boards. What happens if a student contracts COVID-19 while at school? Could the school, school officials and the school board be held liable? ... [read more]

Tuesday, September 29, 2020 @ 11:45 AM

Absolute liability: What are the exceptions? Hand receiving cheque

There are circumstances in which the insurer is absolved from any liability to the injured third party. ... [read more]

Monday, September 28, 2020 @ 11:44 AM

A personal reflection on Ruth Bader Ginsburg | Beverley McLachlin

It is autumn. I am in the Gatineau Hills north of Ottawa. The leaves are red and gold, and the views spectacular. The occasion is lunch in a country restaurant called Les Fougères. Across the table sits John Roberts, chief justice of the United States. To my left is a small woman with dark, pulled-back hair and an intense gaze — Ruth Bader Ginsburg. ... [read more]