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Monday, July 29, 2019 @ 11:10 AM

Adverse costs insurance a compensable disbursement Businessman falling on money

Over the past 10 years, adverse costs insurance has become more prevalent in Ontario, particularly in the field of personal injury law. Adverse costs insurance, commonly referred to as “after the event insurance,” provides insurance if a party’s legal action fails and the party is ordered to pay costs to the other side of the litigation. ... [read more]

Thursday, July 25, 2019 @ 8:37 AM

M&A risk insurance becoming the new normal risk_insurance_sm

Mergers and acquisitions (M&A) can be a double-edged sword. When done right, M&A can allow acquirers to scale their businesses and create value through synergies. When done poorly, M&A can result in drastic overpayments for assets that are not nearly as valuable as believed and for economies of scale that are very difficult to achieve. ... [read more]

Tuesday, July 23, 2019 @ 8:38 AM

PROFESSIONAL LIABILITY INSURANCE - Duty to defend

Appeal by the insurer from a trial decision finding that the appellant was notified of a potential claim against the respondents during the policy period and was thus required to defend them. ... [read more]

Monday, July 22, 2019 @ 11:49 AM

Evolution of bad faith claims in Canada House on fire

The notion of what is deemed to be appropriate conduct in the context of insurance claims has been refined by repeated challenges in Canadian courts. Over the years, insurers have faced bad faith allegations for various types of conduct in handling their respective insured’s claims, which can impact them not only by way of punitive damages but can also tarnish their reputations by the negative publicity surrounding such actions. ... [read more]

Friday, July 19, 2019 @ 2:10 PM

Disability benefits can continue after employment Woman in wheelchair

The Ontario Court of Appeal has ruled that a plaintiff can still be entitled to long term disability (LTD) benefits even though the plaintiff was no longer employed at the time the application was submitted. ... [read more]

Thursday, July 18, 2019 @ 2:21 PM

Langlois adds pair of lawyers to Montreal office

Langlois lawyers announced that Philippe Bélisle has joined the firm’s labour and employment group and Marie Dupuis is the newest member of the insurance group. Both lawyers will work from the Montreal office. ... [read more]

Wednesday, July 17, 2019 @ 2:26 PM - Last Updated: Thursday, July 18, 2019 @ 10:08 AM

LSO debate on Statement of Principles pushed back till September 11 Malcolm Mercer sm

The debate on the Statement of Principles (SOP), which was supposed to continue at a special Convocation in July, won’t be before the Law Society of Ontario (LSO) until September, The Lawyer’s Daily has learned. ... [read more]

Wednesday, July 17, 2019 @ 1:38 PM

Dealing with liability waivers for minors Child sitting with broken legs

What can outdoor/adventure companies, school groups, summer camps, sports teams, recreational/community sports facilities — and their insurers — do to protect themselves from claims brought by minors who injure themselves while participating in a hosted activity? ... [read more]

Tuesday, July 16, 2019 @ 11:21 AM

B.C. approves ride hailing, but lawyers say questions over insurance, liability remain Scott Stanley, Murphy Battista LLP

The government of British Columbia has finally released a series of regulations for governing popular ride hailing apps like Uber and Lyft, with an observer saying the province seems to have looked at issues that have arisen outside B.C. to build a more robust framework for the province. Provincial Transportation Minister Claire Trevena said the government’s plan released July 8 means ride hailing companies will be able to apply to enter the market in the fall, “while ensuring the safety of passengers and promoting accessibility options in the industry.” ... [read more]

Thursday, July 11, 2019 @ 10:47 AM

Quebec Court of Appeal judge nominated for SCC brings strong expertise in class actions, family, civil law Nicholas Kasirer

Quebec Court of Appeal Justice Nicholas Kasirer, the former McGill University law dean nominated July 10 for the Supreme Court of Canada, professes a passionate commitment to bijuralism; strong expertise in class actions, family and the civil law; and an approach to judicial lawmaking that encompasses both boldness and caution. ... [read more]