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Thursday, March 08, 2018 @ 10:27 AM

International Women’s Day a call to arms for lawyers | Leanne Townsend

It’s International Women’s Day 2018 and it’s a great time to be a woman. There is an energetic movement underway resulting from the momentum of the #MeToo and #TimesUp campaigns. Women are joining forces and banding together in unprecedented ways, holding men who have abused their power accountable and demanding equal treatment. ... [read more]

Wednesday, March 07, 2018 @ 1:05 PM

Alberta Court of Appeal overrules lower court on ambiguity in auto insurance policy Michelle Grose, Dean Duckett Carlson LLP

The Alberta Court of Appeal has held that a lower court erred when ruling a provision in an automobile insurance policy was ambiguous, stating the language in the policy was clear and there was no reason to interpret it differently. ... [read more]

Tuesday, March 06, 2018 @ 12:26 PM

Experts weigh in on summary judgment motions at Toronto Lawyers Association panel

When the Supreme Court created the “culture shift” toward the expanded use of summary judgments in Hryniak v. Mauldin 2014 SCC 7, it appeared to set the standard for a quicker, simpler, cheaper way of delivering justice. What has actually happened, however, hasn’t been quite so simple. ... [read more]

Monday, March 05, 2018 @ 8:55 AM

SUBROGATION - Effect of - Subrogated party’s right to bring action

Appeal by the defendant from a judgment awarding the plaintiff $25,000 in damages on account of property damage sustained by the plaintiff’s vehicle during a collision. ... [read more]

Friday, March 02, 2018 @ 8:52 AM

The courts weigh in on ‘ghost-written’ expert reports ghost_writer_sm

While retaining experts is commonplace in civil litigation, counsel are not always aware of who the expert has worked with, behind the scenes, to compile research or prepare analyses that contribute to the written report. We are also not always aware when the report itself was written not by the signatory, but someone else who worked on the file. ... [read more]

Thursday, March 01, 2018 @ 1:17 PM

Legal profession overdue for #MeToo movement to end ‘inappropriate’ conduct by judges, lawyers: litigator Angela Chaisson

The legal profession needs to mobilize against sexual remarks and other “inappropriate” workplace conduct by judges and senior lawyers who exploit the vulnerability of junior lawyers and law students, says a feminist lawyer who fights to advance the rights of women and LGBTQ people. ... [read more]

Monday, February 26, 2018 @ 8:29 AM

TYPES OF DAMAGES - General damages - Categories of - Emotional and mental distress - Exemplary or punitive damages

Action by the plaintiff for damages for mental distress and punitive damages against the defendant insurer. ... [read more]

Friday, February 23, 2018 @ 9:28 AM

Law Society of Ontario approves Ryerson law school program Peter Wardle sm

Ryerson University’s proposed law school has reached another benchmark in the approval process as the Law Society of Ontario (LSO) has backed the Federation of Law Societies of Canada’s (FLSC) preliminary endorsement of the program. ... [read more]

Friday, February 23, 2018 @ 8:54 AM

AUTOMOBILE INSURANCE - Accident benefits - Income replacement

Appeal by Holt from the dismissal of her appeal from a decision by Saskatchewan Government Insurance (SGI) in relation to her income replacement benefit (IRB) entitlement. ... [read more]

Friday, February 16, 2018 @ 9:00 AM

As elder abuse claims rise, so does importance of institutional liability coverage elder_abuse_sm

Individuals of prominence and power across all industries and institutions have recently been thrust into the spotlight by claimants claiming to have been sexually abused. While the public nature and sheer number of allegations being brought today against movie directors, actors, sports doctors and politicians is perhaps a new phenomenon, sexual abuse litigation has been a subject familiar to insurance carriers for decades. ... [read more]