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Monday, December 14, 2020 @ 10:24 AM

Behind masks: First Ontario civil jury trial during COVID | Moya Graham, Leah Ostler, Morgan Watkins

Against the new backdrop of e-litigation and virtual hearings, on Sept. 30, 2020, our trial team joined opposing counsel, the judge, jury and court staff at the 330 University Ave. courthouse in Toronto to participate in the first civil jury trial in Ontario since the COVID-19 pandemic commenced. ... [read more]

Thursday, December 10, 2020 @ 11:42 AM

Inability to void policy ab initio due to misrepresentation: Key issues in Merino v. ING Car on jigsaw puzzle

In the case of Merino v. ING Insurance Company of Canada 2019 ONCA 326, the Ontario Court of Appeal identified and commented on four key issues before it. ... [read more]

Thursday, December 10, 2020 @ 8:26 AM

Mental health in the legal profession: Critical and overlooked | Aaron Baer

When I talk to friends outside of the legal industry, they’re often shocked by what I tell them. About the processes that many lawyers use when they work. About the reluctance to embrace technology. About the lack of metrics, the dated leadership styles and the short-term thinking. ... [read more]

Wednesday, December 09, 2020 @ 9:23 AM

Limitation periods and discovery of severity of injuries Pocket watch and book

In the decision of Baig v. Mississauga (Town) [2020] O.J. No. 4800, the Court of Appeal upheld a summary judgment finding that the plaintiff, who was injured in 2013, was barred from suing the Corporation of the Town of Mississauga (Mississauga), as the two-year limitation to do so had expired. ... [read more]

Tuesday, December 08, 2020 @ 1:23 PM

The end of partial summary judgment? scales_uneven

Litigation is costly. Canadian courts have a number of weapons in their arsenal to address this issue. One of them, the summary judgment motion, has been reducing the length and expense of trials since the Supreme Court of Canada’s landmark decision, Hryniak v.  Mauldin 2014 SCC 7. ... [read more]

Tuesday, December 08, 2020 @ 6:43 AM

AUTOMOBILE INSURANCE - Accident benefits - Deductions

Appeal by the insurer, Insurance Corporation of British Columbia (ICBC), from a judgment calculating benefits owed to the insured, Lindblad. The insured sustained a severe injury in a 2013 automobile accident. ... [read more]

Monday, December 07, 2020 @ 1:26 PM

One more huge misconception about court transcriptionists cassette

Here is another in a series of articles about everything you need to know about transcripts and the Authorized Court Transcriptionists (ACTs) who produce them. The last article (Oct. 29) included a number of humorous misconceptions. What follows is a bit more serious. ... [read more]

Monday, December 07, 2020 @ 1:17 PM

What's the plan if a cyberattack hits your firm? cyberattack_business_sm

Lawyers across the country no doubt collectively gasped and wondered about their firm’s vulnerability when in April, two Manitoba law firms were hit by a prolific ransomware strain called MAZE, bringing their operations to a standstill. ... [read more]

Monday, December 07, 2020 @ 8:24 AM

Wellness: Time to address our profession’s unconscious bias against women | Darryl Singer

It is hard to believe at the end of 2020 that it is even necessary to write about the inherent unconscious bias against women which remains in our profession. ... [read more]

Friday, December 04, 2020 @ 1:00 PM

Inability to void policy ab initio due to misrepresentation leaves uncertainty for auto insurers Car on jigsaw puzzle

Insurance contracts require the utmost of good faith. At common law, automobile insurers can typically rescind or treat as void ab initio an auto insurance policy based on a misrepresentation or material non-disclosure of the insured who is applying for insurance. However, an automobile insurer cannot rescind a contract if it discovers a misrepresentation or non-disclosure on an application after a collision has occurred.  ... [read more]