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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]

Friday, December 04, 2020 @ 11:48 AM

Do you have a comprehensive remote work policy? Remoteworkeringreen

For years, our law firm has touted the use of legal, enforceable and foolproof remote work policies for distributed teams in Canada. Since the onset of the COVID-19 pandemic, that requirement has become quintessential. ... [read more]

Wednesday, December 02, 2020 @ 1:58 PM

Lawyers beware: Alternative processes may not suspend limitation period stop_clock_sm

Since the 2016 decision in 407 ETR Concession Co. v. Day 2016 ONCA 709, Ontario law is clear that where a plaintiff pursues an alternative process to a civil action in order to resolve their dispute, the two-year limitation period may be suspended. But what happens when the plaintiff pursues that alternative process knowing it may not be the right forum in which to adjudicate their claim? ... [read more]

Wednesday, December 02, 2020 @ 10:26 AM

What Jane Goodall Act could mean for animals | Victoria Shroff

In part one of this article I wrote about the mighty Canadian federal animal protection Bill S-218, put forward by Sen. Murray Sinclair and supported by the bill’s namesake, Dr. Jane Goodall. ... [read more]

Wednesday, December 02, 2020 @ 9:23 AM

Cure worse than disease: Virtual jury deliberations during COVID Part Two | Nik Khakhar

As we discussed in the first article in this series, central to the institution of the jury is the expectation that they form their verdict exclusively based on evidence that has been admitted at trial. While the Supreme Court of Canada in R v. Pan; R v. Sawyer, 2001 SCC 42  affirmed the principle of jury secrecy — which protects the content of jury deliberations from being used as evidence to overturn a verdict — the majority also maintained that information that is extrinsic to the trial is admissible on appeal. ... [read more]

Tuesday, December 01, 2020 @ 2:02 PM

New health law associate for Lerners

Lerners LLP announced Kathryn Ball’s arrival as an associate in its Toronto office. ... [read more]

Friday, November 27, 2020 @ 2:43 PM

Warning to employers: Drug, alcohol abuse soars during COVID-19 drinkingatwork

Virtually every business across the country has been affected by COVID-19 and by the government’s response to the pandemic. Provincial health officers, heretofore largely unknown creatures, have become household names and, in some cases, media darlings. Such is the time when sports figures and celebrities are supplanted for names like Theresa Tam and Anthony Fauci.  ... [read more]

Thursday, November 26, 2020 @ 9:36 AM

Health law associate joins Lerners in Toronto

Lerners LLP announced that Kathryn Ball has joined the firm as an associate in its Toronto office. ... [read more]

Thursday, November 26, 2020 @ 8:35 AM

Rule of law in era of virtual hearings: Doing justice? | Joseph Groia

Like the rest of the world, the legal profession has spent the last eight months isolating or socially distancing and implementing countless other changes. As a result, the way in which the legal system operates has undergone a significant shift. A fundamental part of this shift, and the main subject of this small note, is the move to videoconferencing technology, such as Zoom or WebEx, now widely used as a substitute for in-person meetings. ... [read more]

Wednesday, November 25, 2020 @ 3:36 PM

Witmer reappointed as chair of WISB board

The Workplace Safety and Insurance Board (WSIB) announced on Nov. 25 that Elizabeth Witmer has been reappointed for a fourth term as chair of the board of directors. First appointed in 2012, Witmer will continue to serve as chair through Dec. 31, 2021. ... [read more]