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Monday, October 15, 2018 @ 10:54 AM

Standard of review highlighted in Court of Appeal’s move to uphold arbitrator’s decision Eric Grossman

The Ontario Court of Appeal determined to uphold an arbitrator’s decision in an insurance priority dispute in a move, counsel said that highlights the standard of review and the deference that’s owed to initial decision makers. ... [read more]

Monday, October 15, 2018 @ 9:36 AM

Cannabis legalization: Avoiding the personal injury potholes | Jasmine Daya Cannabis legislation

Canadians are gearing up for Oct. 17, 2018, a date that will forever be remembered by generations to come. Whether you are a consumer wanting to blaze legally, a firm believer in medical marijuana, a liberal who believes in the freedom of choice or a dealer wanting to earn a buck above board, this movement has brought Canadians together with excitement and anticipation. ... [read more]

Thursday, October 11, 2018 @ 8:27 AM

Ontario’s new drunk driving rule discourages going to trial Steeringwheellock_sm.jpg

Very quietly over the summer, a significant change has come into effect for second-time drunk drivers in the province of Ontario. Amendments to O.Reg 287/08 dealing with conduct review programs took effect on July 1, 2018. One of the most significant amendments is the eligibility for participation in early reinstatement with the installation of an ignition interlock device for some second-time offenders. ... [read more]

Tuesday, October 02, 2018 @ 3:08 PM

Quebec steps up fight against corruption in construction industry moneyhands

In November 2015, the Charbonneau Commission — a commission of inquiry created by the Quebec government to investigate certain practices in the construction industry — released its report, which included 60 recommendations to prevent and eliminate corruption in the construction industry. ... [read more]

Tuesday, October 02, 2018 @ 1:39 PM

Four judges appointed to Ontario Superior Court

The Department of Justice on Oct. 1 announced the appointment of four judges for the province of Ontario. ... [read more]

Monday, October 01, 2018 @ 9:31 AM

There’s a new sheriff in town and it’s called White Burgess | Patrick Brown

For those advancing and defending personal injury claims, counsel beware. There is a new sheriff in town and it is called White Burgess Langille Inman v. Abbott and Haliburton Co. 2015 SCC 23. Since the decision came down from the Supreme Court outlining when to exclude expert evidence, there have been a number of decisions knocking out experts and their opinions. ... [read more]

Wednesday, September 26, 2018 @ 2:39 PM

Arrival of the smartphone zombie smartphonezombie_sm.jpg

The number of pedestrian motor vehicle accidents in Ontario is rising at a startling pace. Over the past two years, there have been over 90 pedestrian traffic fatalities in the city of Toronto alone, 17 of which occurred in the first half of 2018. ... [read more]

Wednesday, September 19, 2018 @ 2:21 PM

Cyber losses: A serious organizational risk in the modern world thiefintocellphone_sm.jpg

Losses and costs relating to cyber liability incidents have escalated exponentially given that the world has become much more computer-dependent and technology is rapidly advancing. The losses suffered by organizations for cyber incidents that interrupt their operations as well as liability to third parties (customers, patients or others) have become commonplace. The question facing organizations today is not if they will suffer a cyberattack but when. ... [read more]

Monday, September 17, 2018 @ 11:50 AM

Court of Appeal decision has bizarre implications for insurance law floodedhouse_sm.jpg

On Sept. 4, in an opinion likely to have significant implications to the field of insurance law, the Ontario Court of Appeal held that a policyholder’s cause of action against its insurer began to run the day after the claim had been submitted. On that basis, in Nasr Hospitality Services Inc. v. Intact Insurance 2018 ONCA 725, the court allowed Intact’s appeal, and granted summary judgment in its favour. If this decision stands, policyholders will be justified in filing suit immediately, with insurers obligated to pay resulting legal fees, even on claims the insurer intends to pay. ... [read more]

Monday, September 17, 2018 @ 9:39 AM

Pretrial conference: Play by the Rules or pay the price pretrial_conference_sm

Pretrial conferences are an important and mandatory step in the civil litigation process in Ontario. In addition to potential case management steps, one of their principal purposes is to explore the possibility of settlement. For this purpose to be achieved, each side must come to the conference fully acquainted with the facts and legal issues in the proceeding. ... [read more]