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Friday, April 24, 2020 @ 2:25 PM

League of heroes, revisited | Marcel Strigberger

“Love levels all ranks” uttered Sir Joseph Porter in Gilbert and Sullivan’s H.M.S. Pinafore. He made that remark while courting the daughter of the good ship’s captain, whose station in British society was way south of his own. Given the current COVID-19 situation, I will say a good pandemic levels all ranks. We have new heroes on the block. ... [read more]

Friday, April 24, 2020 @ 8:44 AM

The Charter, freedom and a drugstore | Brian Bird and Derek Ross

Last Friday, April 17, was the 38th birthday of the Canadian Charter of Rights and Freedoms. The Charter’s adoption in 1982 was a transformative moment for Canada. In that regard, another important anniversary occurs Friday April 24 — the 35th birthday of R v. Big M Drug Mart Ltd. [1985] 1 S.C.R. 295 the first decision of the court to interpret one of the Charter’s “fundamental freedoms.” ... [read more]

Thursday, April 23, 2020 @ 12:06 PM

Long-term disability claims likely to rise due to COVID-19 Mental illness

According to a report by Mental Health Commission of Canada, roughly 30 per cent of short- and long-term disability claims in Canada before COVID-19 were attributed to mental health illnesses. Insurance defence lawyers who deal with long term disability claims expect that number to spike within six months. ... [read more]

Thursday, April 23, 2020 @ 11:46 AM

Looking for work in era of COVID-19 Handsonlaps

To say that these are uncertain and difficult times is a massive understatement. Half of humanity is in some sort of isolation, the global economy has grinded to a halt practically overnight and businesses of all shapes and sizes have immediately felt the effects. The legal industry is unfortunately no exception. Like any other business, the practice of law is not immune from the dire consequences that the COVID-19 pandemic is leaving in its wake. ... [read more]

Wednesday, April 22, 2020 @ 11:13 AM

In search of information: E-discovery and cybersecurity litigation Laptop with magnifying glass

In recent years, electronic discovery, or e-discovery, has grown in its application in the insurance litigation field. This article discusses e-discovery matters within insurance litigation, particularly within the cyber insurance industry, and highlights various benefits and challenges to this ever-growing field. ... [read more]

Tuesday, April 21, 2020 @ 7:46 AM

AUTOMOBILE INSURANCE - Accident benefits - Income replacement

Appeal by Van de Sype from a decision of the Automobile Injury Appeal Commission (Commission) upholding a 2013 decision of the respondent concluding that he was substantially able to perform the essential duties of his employment and terminating his income replacement benefits. ... [read more]

Monday, April 20, 2020 @ 2:22 PM

Advice on winning first virtual appeal: Exceptional electronic documents BWvideoconference

Hand-in-hand with the significance of writing persuasive facta, preparing and filing exceptional electronic documents is key to effective e-hearing advocacy. As many among us, both bench and bar, work through the transition to a more virtual delivery of justice there will no doubt be learning curves on all sides. ... [read more]

Monday, April 20, 2020 @ 1:40 PM - Last Updated: Tuesday, April 21, 2020 @ 12:53 PM

Many insurance policies simply didn’t factor in pandemic risk: lawyer Gord_McGuire_sm

Issues with business interruption insurance have inspired petitions and class actions across the country as people grapple with a loss of revenue during the COVID-19 pandemic. The Merchant Law Group LLP has launched a nationwide class action “on behalf of Canadian business owners and certain self-employed professionals who are being denied business interruption insurance during COVID-19 by the following insurers... ... [read more]

Monday, April 20, 2020 @ 9:01 AM

Technology and the courts: Now or never | Neil Wilson

The COVID-19 pandemic has ground justice to a halt together with the rest of society. The only way to keep going will be to finally embrace what the justice system has resisted for so long: the use of technology. As the saying goes “necessity is the mother of invention” — or, in our case, necessity may be the mother of finally applying long-available inventions to the trade of lawyering. ... [read more]

Friday, April 17, 2020 @ 1:50 PM

Welcoming e-advocacy: Advice on winning your first virtual appeal V&Wvideoconference

The world of advocacy is changing. With the advent of social distancing how we deliver legal services, and especially how we assist clients navigating the justice system in our courts, has changed abruptly and significantly. ... [read more]