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Tuesday, March 28, 2017 @ 12:13 PM

Speeding up criminal trials slows civil court system, but there are fixes | John McLeish and Stefanie Chimienti

Civil trial lawyers complain about increasing delays in the civil trial system. In Toronto, while short trials (those lasting 10 days or less), can be scheduled within a year, the same is not true for long trials. ... [read more]

Monday, March 27, 2017 @ 7:11 PM

Ontario Court of Appeal rules structured settlements are 'income' not 'property'

In a noteworthy decision for both the family law and personal injury bars, the Ontario Court of Appeal has ruled that personal injury structured settlements are “income”— not matrimonial “property” — and thus their value is not shared between the estranged spouses. ... [read more]

Friday, March 24, 2017 @ 4:39 PM

SCC rules no-fault car accident regime bars negligence suits against third parties Andrew Kliger

Eight years ago Gilles Gargantiel lost part of his leg to frostbite as he lay injured in a ditch for nearly two days in October because Sûreté du Québec police stopped looking for him two hours after his auto accident — while ignoring the GPS co-ordinates repeatedly being sent to them by his car’s on-board location system. Ten years earlier, Thérèse Godbout’s fractured legs were both amputated as a result of complications she claims were caused by the negligence of the Montreal surgeons who operated on her after a serious car crash. ... [read more]

Friday, March 24, 2017 @ 9:02 AM

Media relations isn't marketing, and that's just the first mistake lawyers make | Julius Melnitzer

When it comes to maximizing the benefits of good media relations, many Canadian law firms haven’t quite got it yet. For those of you who are thinking, “What are you talking about? The profession’s marketing savvy has come a very long way” — you’re making my point. What a lot of law firms still don’t seem to understand is that marketing and media relations are two distinct arts. Lumping them together is akin to shoving an admiralty lawyer and an entertainment lawyer into the same pigeonhole. ... [read more]

Thursday, March 23, 2017 @ 8:00 PM

U.S. case spotlights cyber coverage

Not applicable ... [read more]

Thursday, March 23, 2017 @ 8:00 PM

Apportioning defence costs at start of litigation

Not applicable ... [read more]

Thursday, March 23, 2017 @ 8:00 PM

Quick action needed for overpayment recovery

An Ontario Superior Court judge has provided some much needed guidance on how to successfully recover overpayments made to claimants under the Statutory Accident Benefits Schedule (SABS). Since the introduction of the notice requirement in the 1996 amendments to the SABS, conflicting decisions have muddied the waters of what constitutes timely and proper notice. ... [read more]

Wednesday, March 22, 2017 @ 2:04 PM

What Surani decision means for deductions from IRB entitlements

Many insurers and their expert accountants routinely deduct post-accident business income from the IRB entitlements of self-employed insureds irrespective of their inability to return to work. Others take the position that any efforts, no matter how trivial, short of complete disability, are sufficient to qualify income in the ongoing business as fully deductible. Is this reasonable, what does the SABS provide and what is the jurisprudence on the issue? ... [read more]

Wednesday, March 22, 2017 @ 1:50 PM

Chain-reaction accidents: Who pays?

The Ontario Superior Court of Justice has provided clarity as to how the fault attribution rules ought to be applied to loss transfer disputes in chain-reaction motor vehicle accidents. ... [read more]

Friday, March 17, 2017 @ 8:54 AM

Top 10 risk management tips for charities, not-for-profits

Charities and not-for-profits (NFPs) face increasing challenges in delivering their services to their members and the public, in part because of a more litigious reality and complicated regulatory environment. As such, charities and NFPs need to be familiar with an array of legal requirements that they need to comply with. ... [read more]