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Friday, June 12, 2020 @ 9:05 AM

Holding cellphone, functional or not, is distracted driving: B.C. Court of Appeal Kyla_Lee

A British Columbia Court of Appeal ruling that found a cellphone with no functionality and held in a position in which it may be used violates the province’s Motor Vehicle Act (MVA) could have a far-reaching effect beyond the driver involved in the case. ... [read more]

Wednesday, June 10, 2020 @ 2:53 PM

Alberta follows Ontario sanctioning ‘upstream’ litigation by videoconference online_trial_sm

In the recent Alberta Court of Queen’s Bench decision of Sandhu v. Siri Guru Nanak Sikh Gurdwara of Alberta 2020 ABQB 359, Justice Michael Lema found authority in the Alberta Rules of Court and applied recent Ontario authority, among others, to authorize cross-examination on affidavits by videoconference, or “remotely,” given the exigencies of the pandemic. ... [read more]

Tuesday, June 09, 2020 @ 11:16 AM

Lessons from Stirrett: Analyzing fiduciary claims, properly addressing ‘cause in fact’ Angiogram

On May 6, the Ontario Court of Appeal released its decision in Stirrett v. Cheema 2020 ONCA 288, the appeal was granted and the case dismissed. The decision confirmed that causation must be proven claims based on a breach of fiduciary duty. The court ’s causation analysis is worth noting as the court  laid out the correct questions to be asked when determining “cause in fact.” ... [read more]

Tuesday, June 09, 2020 @ 9:27 AM

AUTOMOBILE INSURANCE - Accident benefits

Appeal by Piche from a decision of the Automobile Injury Appeal Commission upholding the 2014 decision letter of Saskatchewan Government Insurance (SGI) terminating benefits paid to the appellant following a 2012 motor vehicle accident. ... [read more]

Monday, June 08, 2020 @ 1:34 PM

Litigation risk in COVID-19 environment: Class actions and more risk_liability_sm

As we discussed in the first article in this series, the economic and strategic considerations affecting organizations’ litigation decisions are shifting because of COVID-19. For example, class action activity in the first few months of the pandemic already includes: ... [read more]

Friday, June 05, 2020 @ 8:52 AM

Dependant denied support for misconduct: Insurance, intestate succession denied_stamp_sm

It is arguable that, generally speaking, a beneficiary would be denied insurance proceeds if they caused the death of the deceased, based on both the “slayer rule” and ex turpi causa non oritur actio (“no right of action arises from a base cause”) (see Brissette Estate v. Westbury Life Insurance Co. [1992] 3 S.C.R. 87). This ex turpi causa doctrine has already found common application in insurance law. The Supreme Court of Canada in Hall v. Hebert [1993] 2 S.C.R. 159 cited the origins of the ex turpi causa doctrine in the notion that one should not receive life insurance proceeds after murdering the deceased: ... [read more]

Wednesday, June 03, 2020 @ 8:52 AM

No going back: Technology and court process | Gary Joseph

The COVID-19 shutdown of the court system was initially viewed as a temporary measure to address legitimate health concerns. Most lawyers expected a quick return to “normal” once the pandemic passed. Two things have now become quite apparent: the pandemic is not passing as quickly as we had hoped and, as importantly, there will be a new “normal.” Lawyers need to accept this and get onboard the technology train or they will be left behind. ... [read more]

Tuesday, June 02, 2020 @ 3:19 PM

Lloyd’s Canada names new president

Lloyd’s Canada on June 1 announced the appointment of Marc Lipman as president, Lloyd’s Canada, and attorney-in-fact (AIF) for Lloyd’s Underwriters. ... [read more]

Tuesday, June 02, 2020 @ 1:41 PM

Litigation risk in COVID-19 environment: Big changes risk_liability_sm

Litigation risks are materially different today, under COVID-19 than at the start of 2020 when the threat of a world-changing global pandemic was barely an idea. The economic and strategic considerations affecting organizations’ litigation decisions are shifting. This article examines that shift and explores the consequences for litigants going forward as they seek to resolve disputes in the pandemic environment — both existing legal disputes and new litigation arising from COVID-19. ... [read more]

Tuesday, June 02, 2020 @ 1:05 PM

In the driver’s seat: Where most people meet police Coplight1.jpg

While it is uncommon for most people to have any interaction with police or the court system, by far the most common interaction people have is in provincial offences court which many people call traffic court. ... [read more]