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Monday, April 08, 2019 @ 2:06 PM

Access to Justice: View from the trenches | Michael Lesage

As Ontario’s lawyers set to elect a new slate of benchers to Convocation, the oft-discussed, seldom addressed issue of access to justice has again entered into the conversation. Most agree that access to justice is a worthy (if aspirational and ill-defined) goal, that must be advanced and encouraged. However, the facts on the ground tell a different story, that of people being unable (or unwilling) to hire lawyers or to effectively assert their rights on their own. Conversely, lawyers continue their exodus from private practice, especially within the small firm setting (this despite the fact that more and more lawyers are being called to the bar). Clearly, something is amiss. ... [read more]

Monday, April 08, 2019 @ 9:54 AM

B.C. Attorney General’s Office says auto insurance changes ‘constitutionally sound’ despite lawsuit

A group representing trial lawyers in British Columbia has opened a new salvo against the provincial government’s controversial changes to the publicly owned Insurance Corporation of British Columbia (ICBC), arguing a number of provisions brought into force last year are unconstitutional. In May 2018, the B.C. legislature adopted reforms to deal with a significant financial shortfall at ICBC, including a cap of $5,500 on minor injury claims, an increase in accident benefits and sending some matters to the province’s Civil Resolution Tribunal (CRT). ... [read more]

Friday, April 05, 2019 @ 1:28 PM

How regulators must keep pace with autonomous vehicles caronroadatnight.jpg

The United States, Britain, Singapore and New Zealand are among the leading countries that have embraced autonomous vehicles and created legislation to oversee their development and deployment. The legislation in these countries provides fewer barriers for the integration of driverless vehicles on public roads and encourages innovation in the automotive industry. ... [read more]

Thursday, April 04, 2019 @ 2:08 PM

B.C. civil rule amendment could cut costs, timelines considerably businessmansshakingguy.jpg

A very significant amendment to the British Columbia Supreme Court Civil Rules was enacted without warning on Feb. 11, 2019, in relation to expert reports in motor vehicle claims and personal injury actions. The amendment applies to all personal injury actions as of Feb. 1, 2010. ... [read more]

Wednesday, April 03, 2019 @ 11:58 AM

Joint and several liability under attack Injuryinsurance

In my previous column, I advised that the Ontario government is reviewing auto insurance to “make it more affordable.” Since then, the government has also introduced a review of the principle of joint and several liability, at least in terms of how it affects municipalities. None of this can be good news for victims injured as a result of others’ negligence. ... [read more]

Monday, April 01, 2019 @ 1:00 PM

PROPERTY INSURANCE - Contractor's or builder's policies

Appeal by the insurer from a ruling on a question of law finding that an insurance policy covered damage to pre-existing property at a construction site. ... [read more]

Wednesday, March 27, 2019 @ 2:22 PM

Intentional tortfeasor not held contributorily liable for injury threepeoplebehinddesk.jpg

In Stoney v. Sound Stage Performance Inc. 2019 SKCA 18 (Stoney), the Saskatchewan Court of Appeal held The Contributory Negligence Act, RSS 1978, c C-31, did not allow “a defendant sued in negligence to commence a third party proceeding for contribution or indemnity based on an alleged intentional tort.” (at para. 4). ... [read more]

Wednesday, March 27, 2019 @ 2:08 PM

Corporate director owes duty of care to injured workers: Alberta Court of Appeal

The Alberta Court of Appeal has ruled a director of a construction company was liable for injuries suffered on a job site, despite his arguing any negligent act that may have been committed was done as an employee and not an officer of the company. The respondent, Doug Stewart, is a director of DWS Construction. He was involved in the installation of a temporary staircase in a home that later collapsed, injuring a number of workers from another company. ... [read more]

Thursday, March 14, 2019 @ 2:00 PM

Fasken adds counsel to Calgary litigation, dispute resolution group

Fasken announced that David Kitchen has joined the firm as counsel to the litigation and dispute resolution group in the firm’s Calgary office. ... [read more]

Thursday, March 14, 2019 @ 11:51 AM

Autonomous vehicles mean more complex litigation swarmofcars_sm

Autonomous vehicles are becoming increasingly commonplace, especially with car companies promising that we will see robot cars within our lifetime. By 2021, it is believed that there will be 51,000 autonomous vehicles operating worldwide. Where uncertainty lies, however, is in the impact of driverless vehicles on motor vehicle litigation. This article will discuss the future of autonomous vehicles and the changes that can be expected in the insurance industry. ... [read more]