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Thursday, July 16, 2020 @ 11:32 AM

Canadian specialty insurance firm Dolden Wallace Folick teaming up with Kennedys

Global law firm Kennedys announced that it is forming an association with Canadian insurance specialty law firm Dolden Wallace Folick LLP. The two firms share a number of global, London market and U.S.-based clients and have worked together on several matters. ... [read more]

Thursday, July 16, 2020 @ 11:11 AM

Is ‘cybersubrogation’ future of privacy, data security, cyber litigation? The Canadian experience Hand with ipad and padlock icon

In part one of this series on “cybersubrogation,” we looked at the rise of cybersubrogation in the U.S. These are claims involving third-party contractors or service providers who breach contracts or the standard of care, thus providing an opportunity for bad actors to cause cyber incidents and breach privacy, causing the insured to suffer its own losses and potentially exposing it to significant liability to those whose data has been stolen. ... [read more]

Thursday, July 16, 2020 @ 5:54 AM

AUTOMOBILE INSURANCE - Compulsory government schemes - Recovery by insurer

Appeal by Travelers Insurance from a decision dismissing its appeal from an arbitrator’s decision requiring the appellant to reimburse the respondent CAA for the benefits CAA paid to CAA’s insured and to assume responsibility for paying the benefits to her in the future. ... [read more]

Wednesday, July 15, 2020 @ 11:26 AM

Justice delayed is justice denied: Time to strike jury notices | Patrick Brown and Ryan Marinacci

In Ontario, the current standstill on civil juries due to the COVID-19 pandemic has once again brought into the spotlight an issue that is all too familiar to the courts: justice delayed is justice denied. Indeed, civil jury matters will continue to be deferred until at least September, as Chief Justice Geoffrey B. Morawetz announced in the Notice to the Profession dated June 25. Without a realistic end in sight to the ongoing suspension of civil jury trials, parties in jurisdictions across Ontario are preparing motions to strike jury notices. ... [read more]

Tuesday, July 14, 2020 @ 1:29 PM

Growth vs. fixed mindset: Lawyers embracing COVID-19 changes | Aaron Baer

Every day, I’m reminded that COVID-19 has caused massive societal change. Subways and streetcars are operating at minimal capacity, gatherings of friends and family remain restricted, and the majority of office workers are working from home. Dozens of companies have declared bankruptcy, hundreds of stores have closed permanently and millions of jobs have been lost. ... [read more]

Tuesday, July 14, 2020 @ 9:32 AM

COVID-19: Ultimate business interrupter Business interruption insurance

The COVID-19 pandemic has led to the shutdown of a large portion of the global economy. In Ontario, this has included the shutdown of most non-essential businesses and the ongoing requirement for individuals to maintain physical distancing. ... [read more]

Monday, July 13, 2020 @ 1:58 PM

Clarity on calculating income replacement benefits for self-employed — sort of Dollar sign in life preserver

Income Replacement Benefits (IRBs) are meant to provide those injured in a motor vehicle accident with guaranteed, limited income (subject to meeting the threshold). For many years defence and plaintiff counsel, accountants/chartered business valuators and insurance adjusters have contested the calculation of IRBs for self-employed individuals. ... [read more]

Monday, July 13, 2020 @ 12:32 PM

Unexpected evolution of hybrid hearings Hybridmeeting.jpg

The COVID-19 pandemic forced courts around the world to close their doors and drove a rapid shift to virtual working, with thousands of court hearings taking place via videoconferencing using digital court documents. The result? The world’s largest experiment in digital justice. Now as courts across the country consider how to reopen, a hybrid model is emerging in which courts conduct a mix of virtual and physical hearings. Lessons learned from this huge international experiment will help to shape a secure and sustainable model for future working in the courts. ... [read more]

Monday, July 13, 2020 @ 11:37 AM

Pensions for all: How law firms can offer defined benefit pension plan | Dawn Marchand

For years, lawyers could only dream of the retirement benefits enjoyed by teachers, union workers and government employees: guaranteed lifetime retirement income courtesy of their defined benefit (DB) pension plans. Most employers in Canada are small to medium sized enterprises that simply don’t have the resources to implement and monitor a retirement arrangement. ... [read more]

Friday, July 10, 2020 @ 5:46 PM - Last Updated: Friday, July 10, 2020 @ 6:04 PM

Genetic discrimination law constitutional, Supreme Court rules Justice Andromache Karakatsanis

In a 5-4 decision, the Supreme Court of Canada has ruled Parliament had the authority to enact a law prohibiting genetic discrimination despite an earlier ruling which said it was unconstitutional. But a number of legal observers noted the court did not ultimately resolve an issue that had been facing it for some time — what level of harm is necessary in order for Parliament to utilize its criminal law power. ... [read more]