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Tuesday, May 26, 2020 @ 1:04 PM

Agreeing on a joint book of documents documents_legal_sm

A trial judge wears many hats. He or she serves as the gatekeeper for the admission of evidence and ensures that a trial record is complete and accurate, so that the appellate court can discern without difficulty exactly what was before the trial judge in the course of the trial. In civil actions, it is common for counsel to agree on a list of documents and tender a joint book of documents at trial. However, it is equally common for counsel not to turn their minds to how documents in the book are to be treated for trial purposes. In Girao v. Cunningham 2020 ONCA 260, the Court of Appeal for Ontario has cautioned the profession that this approach “must change as a matter of ordinary civil trial practice.”   ... [read more]

Monday, May 25, 2020 @ 2:03 PM

Accidental death benefits and virus transmission Coronavirus sign

Few terms have garnered as much judicial consideration in the context of insurance coverage as the term “accident.” The common understanding of insurance is protection from unforeseen, unexpected or unintended events and their consequences. The grant of coverage under accidental death policies typically embraces loss caused by accident or accidental means (sometimes qualified by violent, sudden or external means). ... [read more]

Monday, May 25, 2020 @ 8:51 AM

Leading the way forward: Modernizing access to justice | Colin Stevenson

The winds of change have been blowing hard lately, but the saying “it’s an ill wind that blows no good” suggests that even something as thoroughly devastating and unwelcome as the COVID-19 pandemic can hopefully facilitate some positive change in the justice system. ... [read more]

Friday, May 22, 2020 @ 1:24 PM

Virtual mediation: Temporary or here to stay? | Stuart Rudner

While the technology has been around for a while, the need for virtual mediation was never as great as it is now. Previously, most litigators scoffed at the notion that a virtual mediation would be a worthwhile endeavour, but at the moment it is the only option and, more importantly, it has proven to be extremely effective. So, is virtual mediation just a temporary solution during these unprecedented times, or a viable alternative to the traditional in-person format? ... [read more]

Friday, May 22, 2020 @ 11:30 AM

You only get the release you bargained for Signing form

Releases are unique contracts. By their nature, they contain broad and general language to maximize the protection they provide in the unknown future. However, the recent decision of the Court of Appeal of Newfoundland and Labrador in Bailey v. Temple 2020 NLCA 3 is a caution: a party receiving a release doesn’t get more protection than that for which it bargained. ... [read more]

Thursday, May 21, 2020 @ 2:47 PM

Survivors reflect on Indian residential schools settlement group_opinion_sm

One of the most significant and large-scale settlements in Candian history, the Indian Residential Schools Settlement Agreement (IRSSA), resolved thousands of individual claims and numerous class actions brought by survivors of the Indian residential schools system. ... [read more]

Thursday, May 21, 2020 @ 8:42 AM - Last Updated: Thursday, May 21, 2020 @ 9:39 AM

How COVID-19 helped Ontario’s court system | Michael Lesage

Prior to the emergence of COVID-19, the Ontario court system was barely functional. Intended to justly adjudicate matters in the most expeditious and least expensive manner, it had strayed badly off course. In the process, it had devolved into a nadir of bureaucratic rituals and pageantry that increasingly left it accessible only to big business and the most well off. ... [read more]

Wednesday, May 20, 2020 @ 6:55 AM

LIMITATIONS OF ACTIONS - Which limitation period applies

Appeal by the plaintiff from the dismissal of her medical malpractice action as statute barred. ... [read more]

Tuesday, May 19, 2020 @ 2:57 PM

COVID-19 shows why catastrophically injured should know about structured settlements Signing document

The settlement of a personal injury claim can be a life-changing financial decision for any injured person, yet many will make that decision without having been informed of all aspects of the law and regulations that impact personal injury settlements before their settlement is finalized. One example of this potential informational blind spot is a structured settlement. ... [read more]

Friday, May 15, 2020 @ 3:23 PM

Can an unborn child make wrongful life claim? Fetus

While a “wrongful life” claim is a novel question of law, it is certainly not a rare one. This type of claim has been examined by the Canadian courts on several occasions and, most recently, by the Ontario Superior Court of Justice in Florence v. Benzaquen 2020 ONSC 1534. ... [read more]