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Monday, July 09, 2018 @ 9:22 AM

AUTOMOBILE INSURANCE - Exclusions - Uninsured or underinsured motorist coverage

Appeal by the plaintiff from a determination of law resulting in the dismissal of his action. The appellant was injured while a passenger in his wife’s vehicle when it was driven without consent by an uninsured driver and involved in an accident. ... [read more]

Wednesday, July 04, 2018 @ 2:28 PM

Sunrise Propane explosion highlights importance of due diligence gastruck_sm.jpg

The Sunrise Propane explosion in 2008 serves as a stark reminder of the importance of due diligence when conducting business operations that are inherently dangerous to human health and the environment. ... [read more]

Friday, June 29, 2018 @ 11:38 AM

Quebec judge elevated to Court of Appeal

Geneviève Cotnam, a judge of the Court of Quebec, has been appointed a judge of the Court of Appeal of Quebec in Quebec City. She replaces Justice Jean Bouchard, who elected to become a supernumerary judge effective Sept. 1, 2017. ... [read more]

Monday, June 25, 2018 @ 8:42 AM

AUTOMOBILE INSURANCE - Accident benefits - Deductions - Income replacement

Determination of how to treat workers’ compensation benefits in the calculation of loss of income benefits. ... [read more]

Friday, June 22, 2018 @ 6:19 PM - Last Updated: Monday, June 25, 2018 @ 11:55 AM

Chief Justice Wagner calls for judicial discipline reforms as Ottawa drags heels on removing sidelined judge Richard Wagner

Canada’s top judge has called on the Trudeau government to enact reforms to reduce the persistent lengthy delays and high costs of the federal judicial discipline process. ... [read more]

Thursday, June 21, 2018 @ 9:23 AM

Growing, consuming legal cannabis may still be prohibited in condos, apartments condo_cannabis_sm

The Senate has passed Bill C-45, paving the way for the legalization of personal cannabis cultivation and consumption. While legislation may permit such activity, there is nothing in the proposed legislation to prohibit contractual restrictions on cannabis cultivation and consumption in the context of condominium and rental housing. Condominium boards and multiresidential landlords are ahead of the legislative curve as many have already implemented contractual restrictions on cannabis cultivation and consumption in their buildings. ... [read more]

Friday, June 15, 2018 @ 10:11 AM - Last Updated: Friday, June 15, 2018 @ 3:33 PM

SCC affirms 7-2 Ontario and B.C. regulators’ denial of accreditation to TWU’s proposed law school Janet Epp Buckingham

In a four-opinion ruling, the Supreme Court of Canada has ruled 7-2 that the refusal of the law societies of Ontario and B.C. to accredit Trinity Western University’s (TWU) proposed law school was reasonable because the regulators proportionately balanced the impact on the religious freedom rights of TWU’s community with the regulators’ mandate to protect the public — including promoting equal access to the legal profession, diversity and lawyer competence, as well as upholding a positive public perception of the legal profession. ... [read more]

Thursday, June 14, 2018 @ 1:32 PM

Third party liability claims, other issues arising from Yonge Street van attack red&blueflashinglights_sm.jpg

In part one of this series I wrote about the accident benefits coverage issues arising from the April 23 Toronto van attack on Yonge Street. “But what about the other coverages under the standard auto policy?” you ask. ... [read more]

Thursday, June 14, 2018 @ 10:32 AM

Accountability erosion in tort system and special status to the car | Patrick Brown

The purpose of tort law is to compensate one person for the losses caused by another. You punch someone in the nose, you pay. It is a foundational principle of tort law that the plaintiff is to be restored to the position they were in, prior to the negligent actions of the defendant. As quoted, it cast a wide net of protection. Despite this however, over the years we have decided to abandon our basic principles of accountability and afford special status to those torts committed behind the wheel of the car. ... [read more]

Wednesday, June 13, 2018 @ 8:37 AM

Texting to a driver could be illegal — here’s why texting driver

In the criminal justice system, a person is guilty of criminal negligence if they do anything, or omit to do something that is their duty, that shows a wanton or reckless disregard for the lives or safety of other people. While it is rarely seen as these matters often do not come to light until after the unfortunate injuries or death have already occurred. ... [read more]