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Tuesday, May 14, 2019 @ 3:17 PM

Securing accurate, fair outcomes in CAT designation process for children Medcharts_sm.jpg

In my previous five articles I showed that when you take a modern approach to statutory interpretation, the Superintendent’s Guideline No. 01/16 interpretation of s. 3.1(5)i of the Statutory Accident Benefit Schedule (SABS 34/10), doesn’t harmoniously coincide with the objectives and scheme of the Insurance Act, and the intention of Parliament. ... [read more]

Friday, May 10, 2019 @ 8:34 AM

INSURERS - Duty to defend

Appeal by the defendant insurers from an order finding they had a duty to defend the respondents in an underlying action and awarding the respondents costs on a full indemnity basis. ... [read more]

Thursday, May 09, 2019 @ 1:40 PM

Other side of the bridge: Another approach to child’s catastrophic impairment medcharts

In this article, I’ll show how the objectives and purposes of Ontario’s Bill 251/15 can be used as an interpretive aid in applying s. 3.1(5)i of the Statutory Accident Benefit Schedule (SABS 34/10). ... [read more]

Tuesday, May 07, 2019 @ 8:37 AM

Genetic testing, ancestry search red flags | Darryl Singer

There are lots of ads lately for companies like 23 and Me, which promises that by sending them a sample of saliva, they can test for genetic markers which might tell you about potential for latent illnesses which may never come to pass. These companies also offer ancestral tracing for those who hope they will find out they are part of some noble bloodline. ... [read more]

Tuesday, May 07, 2019 @ 8:32 AM

AUTOMOBILE INSURANCE - Benefits to insured student

Appeal by the insurer from a decision of the Automobile Injury Appeal Commission finding that the insured G was entitled to a loss of studies benefit under s. 121 of The Automobile Accident Insurance Act, to be paid based on her studying at a post-secondary level of education. ... [read more]

Monday, May 06, 2019 @ 11:16 AM

How Ford makes crime victim compensation easier | Sam Goldstein

Premier Ford’s government is taking a lot of criticism for changes to the justice sector. The recent Ontario budget announced a 30 per cent reduction in Legal Aid Ontario (LAO) funding and eliminated certificates for refugee hearings altogether. A Toronto Star headline claimed victims of crime are about to be stiffed in compensation by the Ontario budget; and, the CBC proclaimed that the Ontario Progressive Conservatives were immunizing themselves from civil liability with proposed changes to the Proceedings Against Crown Act (PACA). ... [read more]

Friday, May 03, 2019 @ 12:39 PM

Migrant workers fight back through courts, law reform advocacy silhouettefarmer_jpg

Migrant workers Maila Ceguerra, Lourdes dela Pena, Jesse Veneranda and Marisol Bobadilla have filed an Ontario small claims court action against recruitment agency Link4Staff Inc and their former employer Sharon Mushroom Farm. In addition to this civil action, Laxman Marsonia, the farm owner, faces human trafficking and misrepresentation-related charges under the Immigration and Refugee Protection Act. ... [read more]

Friday, May 03, 2019 @ 8:59 AM

Clarity key in employers’ non-solicitation contracts, lawyers say Jason_Clayards_sm

Employers need explicit language in their non-solicitation agreements with employees if they hope to get pretrial injunctions to stop outgoing staffers from making off with clients, say lawyers of a Saskatchewan case involving a niche market insurance brokerage.   ... [read more]

Thursday, May 02, 2019 @ 2:45 PM

Making autonomous cars trustworthy Wi-ficars

Self-driving cars have finally made the jump from science fiction to reality. ... [read more]

Tuesday, April 30, 2019 @ 2:01 PM

Interpretative aid for dealing with catastrophic impairment discrimination medcontract.jpg

In my previous articles I outlined problems with the use of the June 2016, Catastrophic Impairment — Public Hospitals Guideline, Superintendent’s Guideline No. 01/16 as an interpretative aid to s. 3.1(5)i of the Statutory Accidents Benefits Schedule (SABS 34/10), which would lead to inconsistent outcomes in the catastrophic impairment (CAT) designation process. ... [read more]