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Personal Injury

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Friday, July 19, 2019 @ 2:10 PM

Disability benefits can continue after employment Woman in wheelchair

The Ontario Court of Appeal has ruled that a plaintiff can still be entitled to long term disability (LTD) benefits even though the plaintiff was no longer employed at the time the application was submitted. ... [read more]

Friday, July 19, 2019 @ 9:46 AM

Access to Justice: Legal aid critically important part of justice system | Beverley McLachlin

This spring, the Ontario government announced drastic cuts to legal aid in Ontario. The Legal Aid Ontario budget was cut by almost 30 per cent and funding was eliminated for refugee and immigration cases. This meant deep cuts to clinics and services, striking hard at the province’s most vulnerable inhabitants. These cuts were felt especially strongly in the larger centres, including Toronto. ... [read more]

Wednesday, July 17, 2019 @ 2:26 PM - Last Updated: Thursday, July 18, 2019 @ 10:08 AM

LSO debate on Statement of Principles pushed back till September 11 Malcolm Mercer sm

The debate on the Statement of Principles (SOP), which was supposed to continue at a special Convocation in July, won’t be before the Law Society of Ontario (LSO) until September, The Lawyer’s Daily has learned. ... [read more]

Wednesday, July 17, 2019 @ 1:38 PM

Dealing with liability waivers for minors Child sitting with broken legs

What can outdoor/adventure companies, school groups, summer camps, sports teams, recreational/community sports facilities — and their insurers — do to protect themselves from claims brought by minors who injure themselves while participating in a hosted activity? ... [read more]

Tuesday, July 16, 2019 @ 11:21 AM

B.C. approves ride hailing, but lawyers say questions over insurance, liability remain Scott Stanley, Murphy Battista LLP

The government of British Columbia has finally released a series of regulations for governing popular ride hailing apps like Uber and Lyft, with an observer saying the province seems to have looked at issues that have arisen outside B.C. to build a more robust framework for the province. Provincial Transportation Minister Claire Trevena said the government’s plan released July 8 means ride hailing companies will be able to apply to enter the market in the fall, “while ensuring the safety of passengers and promoting accessibility options in the industry.” ... [read more]

Thursday, July 11, 2019 @ 10:47 AM

Quebec Court of Appeal judge nominated for SCC brings strong expertise in class actions, family, civil law Nicholas Kasirer

Quebec Court of Appeal Justice Nicholas Kasirer, the former McGill University law dean nominated July 10 for the Supreme Court of Canada, professes a passionate commitment to bijuralism; strong expertise in class actions, family and the civil law; and an approach to judicial lawmaking that encompasses both boldness and caution. ... [read more]

Wednesday, July 10, 2019 @ 4:26 PM

Quebec Court of Appeal judge nominated to replace Gascon on SCC

Prime Minister Justin Trudeau announced on July 10 the nomination of the Honourable Nicholas Kasirer to the Supreme Court of Canada. ... [read more]

Wednesday, July 10, 2019 @ 12:12 PM

The special case of liability waivers for minors Child's broken legs

A liability waiver is a legal contract that a participant in an activity signs to waive his or her right to sue for compensation in case of an injury (or death) during the activity. If a participant is injured and decides to sue, the business will seek to have the courts enforce the waiver and have the lawsuit dismissed. While by no means a certain result, it is well established in Canadian law that a liability waiver can be upheld if the waiver was properly drafted and administered according to best practices. ... [read more]

Tuesday, July 09, 2019 @ 8:30 AM

FOR TORTS - Affecting the person - Assault - Invasion of privacy

Appeal by the plaintiff from an award of $3,000 for damages for unlawful entry into the appellant’s home, breach of privacy, false imprisonment and battery. ... [read more]

Monday, July 08, 2019 @ 2:37 PM

Upcoming changes to insurance industry in Ontario People standing on form

Now that the buzz of the Raptors’ championship has faded, the people of Ontario are clamouring for the next big thing. Thankfully, the government of Ontario is obliging. They are in consultation with various groups, including representatives of the insurance industry and with lawyers who practice personal injury law. A chapter in the provincial budget outlined an ambitious breadth of changes, many of which are still in the preliminary stages of being considered. ... [read more]