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Wednesday, April 26, 2017 @ 11:35 AM

Spark LLP hires its first associate

Just over a year since Spark LLP opened its doors in downtown Toronto, the firm has hired Samantha Schreiber as its first associate. ... [read more]

Wednesday, April 26, 2017 @ 08:49 AM

Privacy laws struggle with ‘smartphones on wheels’ WiFi car

In late March 2017, the Office of the Privacy Commissioner of Canada (OPC) appeared before the Senate Committee on Transportation and Communications to discuss some of the privacy issues associated with connected and automated vehicles. Over the past few years, the OPC and other organizations have been studying the privacy concerns surrounding connected and automated cars. However, as of yet, there are no comprehensive policies addressing privacy and modern automobiles. ... [read more]

Monday, April 24, 2017 @ 10:09 AM

Stewart McKelvey adds two new associates

Former Stewart McKelvey articled clerks Giles Ayers and Justin Hewitt, who both were called to the Newfoundland and Labrador bar on Friday, have joined the St. John's office, as associates. ... [read more]

Monday, April 24, 2017 @ 08:36 AM

Torys adds partner, counsel to financial services practice

Torys LLP welcomes Jill E. McCutcheon and Kelly Morris to the firm’s financial services practice in Toronto. ... [read more]

Monday, April 24, 2017 @ 08:27 AM

My view from ‘the dark side’ of personal injury law | Sandra Kovacs

For the first decade of my legal career I was an insurance defence litigator.  Firmly entrenched in that practice, I will reluctantly admit that my then-impression of the opposing counsel who worked for injured plaintiffs, with notable exceptions, was clichéd.But last year, after acting as defence counsel in a bodily injury trial, my opposing counsel’s firm offered me a job. My first reaction was to dismiss the offer as fanciful. How could I possibly walk away from being a proud member of the defence bar to become an “ambulance chaser”? ... [read more]

Thursday, April 20, 2017 @ 08:34 AM

Ontario Court of Appeal provides clarity around ‘your work’ exclusion clause Pino Cianfarani

The "your work" exclusion clause exists in virtually every commercial insurance general liability policy across Canada. Interpretation of this clause can sometimes be misconstrued, but a decision by the Ontario Court of Appeal on April 13 provides clarity around the clause in insurance claims. ... [read more]

Wednesday, April 19, 2017 @ 10:09 AM

Court decisions that will greatly affect future cost of care awards

The intention of this article is to explain three categories of damages claimed and awarded in cost of care claims and to substantiate these by a review of relevant jurisprudence. The three categories of damages are: past housekeeping costs, applicable discount rates and allowance for financial management and administration costs. These have become common subject areas for discussion. ... [read more]

Thursday, April 13, 2017 @ 10:25 AM

With parental waivers, due diligence is key

Parental waiver forms are intended to protect risky businesses from lawsuits when kids get injured. When accidents happen and tragedy strikes, however, the effectiveness of the waiver is often questioned. In Canada, there does not seem to be a consistent answer. Now a decision from the Court of Appeal of New Brunswick simultaneously suggests parental waivers are enforceable — and potentially not worth the paper they are written on. ... [read more]

Thursday, April 13, 2017 @ 08:12 AM

TRUSTS - Constructive Trusts - Unjust Enrichment

Appeal by Sweet from a decision finding that the respondent was entitled to the proceeds of a policy of insurance on the life of the respondent’s former husband. The respondent and her former husband were married for more than 20 years and the respondent was the named beneficiary of the Policy during their marriage. She was not designated as an irrevocable beneficiary. Following the separation, the husband established a relationship with the appellant. The husband was a man of limited means, living in the post-separation period on a disability pension, and suffering from the disabilities associated with his physical, mental and substance abuse issues. The appellant was also disabled. They lived together in the appellant’s apartment until the husband’s death 13 years later. Shortly after the husband and the appellant began living together, and contrary to an oral agreement he had with the respondent, who continued to pay the premiums, the husband revoked the designation of the respondent as beneficiary and designated the appellant as the irrevocable beneficiary under the Policy. The application judge found the respondent was entitled to recover the policy proceeds on the basis of unjust enrichment. Although equitable assignment was not before the Court on the application, the application judge held that the oral contract between the respondent and her husband took the form of an equitable assignment to the respondent of the husband’s equitable interest in the proceeds of the Policy. ... [read more]

Tuesday, April 11, 2017 @ 11:53 AM

Lenczner Slaght hires counsel, associate

Patrick Wright has joined Lenczner Slaght as counsel, while Jonathan Chen is the litigation firm’s newest associate. ... [read more]