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Friday, January 29, 2021 @ 10:07 AM

Insurance regulator’s draft unfair practices rule and innovation | Shashu Clacken

Last month, on December 18, 2020, Ontario’s insurance regulator, the Financial Services Regulatory Authority of Ontario (FSRA), launched a process to seek feedback from the public regarding its first proposed insurance rule: a new Unfair or Deceptive Acts or Practices (UDAP) rule. If this draft rule is approved, it will replace the existing UDAP Regulation (O. Reg. 7/00) under the Insurance Act. ... [read more]

Friday, January 29, 2021 @ 6:02 AM

AUTOMOBILE INSURANCE - Accident benefits - Income replacement

Appeal by Mercier from a decision of the Automobile Injury Appeal Commission dismissing his appeal from the decision of the Saskatchewan Government Insurance (SGI) terminating his accident benefits. ... [read more]

Thursday, January 28, 2021 @ 9:25 AM

Ontario courts rule on motions to strike jury notices during COVID-19 Empty jury box

In two decisions released in December 2020, Solanki v. Reilly [2020] O.J. No. 5702 and Smith v. Muir [2020] O.J. No. 5701, the Ontario Superior Court of Justice addressed motions brought by the plaintiffs to strike jury notices in actions commenced in London, Ont. ... [read more]

Tuesday, January 26, 2021 @ 12:42 PM

Deducting life insurance costs: Why opportunity may be overlooked Hands writing on paper and using calculator

In part one, we discussed paragraph 20(1)(e.2) in the Income Tax Act (the Act), which allows an individual or business to deduct the reasonable cost of life insurance in the event it is used as collateral in a business financing agreement. We also discussed when this provision would be useful. ... [read more]

Monday, January 25, 2021 @ 12:11 PM

Two new members of Dutton Brock partnership

Dutton Brock LLP welcomed Stephen N. Libin and Andrea R. Lim to the partnership. ... [read more]

Friday, January 22, 2021 @ 1:22 PM

Why diversity is important to legal profession | Sacha de Klerk

If we were all the same, things would be much simpler. ... [read more]

Thursday, January 21, 2021 @ 11:57 AM

Duty to defend issues denied leave to appeal by Supreme Court of Canada Policy form with pen

The Supreme Court of Canada recently denied leave to appeal decisions of the Ontario Court of Appeal and the Alberta Court of Appeal, respectively, regarding the duty to defend. As a result, the appellate decisions stand. ... [read more]

Wednesday, January 20, 2021 @ 3:21 PM

Alexander Holburn adds associate counsel

Alexander Holburn welcomed new associate counsel Jennifer Huneault to its Toronto office.  ... [read more]

Wednesday, January 20, 2021 @ 2:45 PM

Court clarifies BC Ferry Agreements with respect to non-settling parties Large cube and group of small cubes on either end of a seesaw

How does a BC Ferry Agreement impact the liability of non-settling parties? The B.C. Supreme Court recently answered this question with more clarity in Owners of Strata Plan KAS3204 v. Navigator Development Corp. [2020] B.C.J. No. 2033.   ... [read more]

Tuesday, January 19, 2021 @ 1:41 PM

Partition orders are rare, for good reason Pieces of city property partitioned by wide streets

A co-owner in Ontario may apply for partition or sale of real property under the Partition Act. Case law under the Act favours a presumption for partition (that is, dividing the property between or among the owners) rather than an order for the sale of the entire property with a division of sale proceeds. But a recent Superior Court decision in 1312733 Ontario Inc. v. Simone 2020 ONSC 6546 makes the prospect of obtaining a partition order more unlikely. ... [read more]