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Thursday, October 10, 2019 @ 11:23 AM

Legal guidance for doctors prescribing to non-patients and non-residents Hand writing prescription

As lawyers, it’s important to help physicians understand that if they are required to provide care to a non-resident during an emergency situation or when an unexpected condition develops after entry to Canada, they are exposed to a certain level of legal risks. ... [read more]

Thursday, October 10, 2019 @ 8:40 AM

Delay: Jordan’s big effect on civil litigation spiral_clock_sm

The Supreme Court of Canada’s decision in R. v. Jordan 2016 1 SCC 27 has had a big impact, not only in the context of criminal law, but also in civil actions. ... [read more]

Wednesday, October 09, 2019 @ 9:35 AM

Differentiation allowed to determine risk in insurance Professional choosing people

A CBC.ca story about a man who was denied life insurance, as a result of a disclosed history of having generalized anxiety disorder, made national news this summer. It may come as a surprise to some that the Ontario Human Rights Code explicitly permits insurers to differentiate on the basis of age, sex, marital status, family status or disability when entering into a contract. ... [read more]

Tuesday, October 08, 2019 @ 9:59 AM

‘Underinsured coverage’ on personal vehicles does not apply to on-job accidents, court rules Sheldon Gilbert sm

The Ontario Court of Appeal has ruled that drivers injured in motor vehicle accidents while on the job cannot access “underinsured coverage” under the insurance policies on their personal, domestic vehicles. Counsel involved in the decision said this case “involved a situation which had not previously been litigated in terms of whether or not specific exclusions in the standard form automobile policy import over to the OPCF 44 Underinsured Endorsement.” ... [read more]

Friday, October 04, 2019 @ 11:16 AM

Genetic fairness appeal addresses core moral values worthy of protection Bluebodyscience1.jpg

Compelled genetic testing and compelled disclosure of genetic information are socially undesirable evils. ... [read more]

Friday, October 04, 2019 @ 8:00 AM

SUMMARY JUDGMENTS - Appeals

Appeal by the plaintiff's insurer, TD Home and Auto, from two summary judgment rulings. ... [read more]

Thursday, October 03, 2019 @ 1:04 PM

Helping clients dispute a disability claim Health insurance claim form

There are incidences where the insurance company can deny a claim for long-term disability. When this happens, there are a number of steps that a client can take to dispute a claim. ... [read more]

Wednesday, October 02, 2019 @ 2:19 PM

Difference between building defect, title defect crackedhouse_sm

The use of title insurance has become a typical aspect of commercial and residential transactions. The benefits of title insurance include protecting an insured against title and other defects. With the proliferation of title insurance policies over the last couple of decades has come case law which sets out the extent of title insurance coverage. One such area of judicial examination concerns building defects. When will a building defect constitute a title defect? ... [read more]

Tuesday, October 01, 2019 @ 9:20 AM

B.C. disability insurance decision commentary on access to justice, law prof says Toby Goldbach, UBC School of Law

The B.C. Court of Appeal has ruled a woman pursuing a disability insurance claim is entitled to special legal costs even though there was no improper conduct from the insurance company, a decision being called significant because it would allow trial courts to consider a litigant’s personal and financial circumstances when determining costs. ... [read more]

Monday, September 30, 2019 @ 3:51 PM

Uninsured parties and Ontario’s Motor Vehicle Accident Claims Fund Head-on collision

In Ontario, the requirement that all licensed motor vehicles have valid insurance means that, in most cases, there will be an insurer to respond. There are, however, circumstances where there is no insurance. In these cases, the lawyer should consider whether Ontario’s Motor Vehicle Accident Claims Fund may be in a position to respond to their clients’ claims. ... [read more]