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Friday, April 27, 2018 @ 2:25 PM

International Day of Mourning a reminder to keep employees healthy and safe injuredworkers_sm

Years ago, employees used to take on safety-sensitive jobs such as mining or railroad work knowing that there was a risk to their health or safety and assuming the risks inherent with that occupation. In recent years there has been a shift in both mentality and legislation in terms of safety on the job in Canada. ... [read more]

Thursday, April 26, 2018 @ 10:37 AM

How courts apply ‘no property in a witness’ principle to expert testimonies expertwitness

The long-standing principle that “there is no property in a witness” allows any party in an action to interview the same witness and to admit evidence from the same witness in court. While this principle is often practised in the context of fact witnesses, it is less common to see opposing counsel retain the same expert in an action. ... [read more]

Wednesday, April 25, 2018 @ 3:21 PM

Car owner’s liability vs. that of repair shop at centre of Alberta workers’ compensation appeal David_Kitchen_sm

A recent Alberta appeal decision shows workers’ compensation boards cannot sue “innocent” third party vehicle owners to recoup benefits paid to those injured in collisions between at-work drivers, says a lawyer involved. ... [read more]

Wednesday, April 25, 2018 @ 8:33 AM

AUTOMOBILE INSURANCE - Statutory conditions

Appeal by Dominion of Canada General Insurance Company(Dominion) from an order overturning an arbitrator's decision that the 90-day time limit within which an insurer was required to provide notice of a priority dispute to another insurer did not apply to notices to the insured. ... [read more]

Wednesday, April 25, 2018 @ 8:30 AM

Explaining Ontario’s ATV and off-road rules and insurance requirements offroading_sm.jpg

In Ontario, the Highway Traffic Act (HTA) defines motor vehicle as including “an automobile, a motorcycle, a motor assisted bicycle ... and any other vehicle propelled or driven otherwise than by muscular power.” ... [read more]

Tuesday, April 24, 2018 @ 8:16 AM

How to get the most out of your mediation boxing gloves

As a Raptors fan and with the playoffs underway, I’m anxious. Will the Raptors fend off their first round opponent, Washington? What strategies will they employ? Will they play to their strengths, or will they try to negate the Wizards’ strengths? ... [read more]

Wednesday, April 18, 2018 @ 12:14 PM

Making claim subrogation work despite bankruptcy Colville_Reeves_bankdruptcy

What’s in a name? Plenty. Particularly if you are an insurer attempting to advance a subrogated claim and your insured is in bankruptcy protection proceedings. This is the circumstance faced by the insurer in Douglas v. Stan Fergusson Fuels Ltd. 2018 ONCA 192. What would have otherwise been a garden variety oil spill subrogated action was complicated by ongoing bankruptcy proceedings involving the insureds. ... [read more]

Tuesday, April 17, 2018 @ 8:15 AM

For Licence Appeal Tribunal, transparency and fairness are key voudouris_tribunals

Mary Shuttleworth was involved in a motor vehicle accident in September, 2012. She eventually claimed to be catastrophically impaired. Her case was heard by Licence Appeal Tribunal (LAT) Vice-Chair Susan Sapin who ruled in her decision dated April 21, 2017, that Ms. Shuttleworth was not catastrophically impaired. ... [read more]

Friday, April 13, 2018 @ 11:19 AM

Football players respond to latest chapter in fight over player safety Gafoor,football

Recently, the Canadian Football League Players Association (CFLPA) filed a grievance against the CFL claiming that the league has not taken appropriate measures to ensure player safety and rehabilitation. ... [read more]

Wednesday, April 11, 2018 @ 7:12 AM

Judge ‘shocked’ by JDR room full of ‘very large dark men’ does ‘not harbour racist views’: federal judicial council Justice Kristine Eidsvik

An Alberta judge who publicly expressed her “shock” in unexpectedly encountering a judicial dispute resolution room “full of very large dark men” does “not harbour racist views” the Canadian Judicial Council (CJC) states in a decision that critics say fails to adequately address or acknowledge unconscious and systemic racial bias on the federal bench. ... [read more]