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Monday, June 26, 2017 @ 09:12 AM

Will Toronto’s new trial sitting pilot project stand the test?

With significant trial delays as the norm and access to justice a real concern, the recent announcement that the Toronto region will be operating under a new jury trial sitting pilot program is welcome news to many. ... [read more]

Monday, June 26, 2017 @ 09:03 AM

B.C. appeal court affirms judicial discretion in rejecting move to strike jury notice Angus Gunn

The British Columbia Court of Appeal has rejected an attempt by a party in a personal injury case to strike a jury notice, saying there was no good reason to stray from the case management judge’s decision. ... [read more]

Tuesday, June 20, 2017 @ 08:42 AM

Ontario Court of Appeal certifies class action, takes law firm to task over contingency fee agreement Claire Wilkinson

The Ontario Court of Appeal has rejected arguments from a Toronto law firm and one of its partners that they are immune from a class proceeding brought on behalf of former and current clients, upholding a class action certification granted by the Divisional Court. ... [read more]

Friday, June 16, 2017 @ 08:37 AM

Impact of structured settlements on family law claims

In Hunks v. Hunks 2017 ONCA 331, a unanimous Ontario Court of Appeal determined that structured settlements annuity payments are income rather than property. Family law clients who suffer injuries during marriage and their lawyers will want to understand the options available for payment of settlement funds and the impact of structured settlements on potential family law claims. Depending on the size of the settlement, the financial consequences for clients on separation could be considerable. ... [read more]

Thursday, June 15, 2017 @ 01:00 PM

U.S. Chamber pushes for mandatory disclosure in third party litigation funding Jasminka Kalajdzic

The U.S. Chamber of Commerce and its affiliated Institute for Legal Reform, along with more than two dozen business groups and legal organizations, have submitted a controversial letter calling for the mandatory disclosure of third party litigation funding arrangements (TPLF) in any civil action filed in U.S. federal court. ... [read more]

Thursday, June 15, 2017 @ 08:49 AM

Slip and falls: technology putting more science into friction Slip and falls

The litigation of slip and fall claims in Ontario is changing with the advance of technology. ... [read more]

Thursday, June 15, 2017 @ 08:43 AM

Wellness: Does the Law Society Tribunal have a duty to accommodate? | Darryl Singer

Those who practise in the areas of human rights law and employment law are familiar with the concept of “duty to accommodate.” At the intersection of employment legislation and the Ontario Human Rights Code, employers have long been held to have a duty to accommodate an employee with disability. Addiction and mental health issues are deemed disabilities. ... [read more]

Tuesday, June 13, 2017 @ 09:00 AM

Use of 'crumbling skull' doctrine leads to new trial in B.C. court

The British Columbia Court of Appeal has ordered a new trial in a personal injury case, finding that “the use of the phrase ‘crumbling skull’ to describe a plaintiff’s condition is, in any event, rarely helpful” and that complete analysis by the court is required. ... [read more]

Tuesday, June 13, 2017 @ 08:31 AM

VICARIOUS LIABILITY - Liability of employer for acts of employee

Appeal by the plaintiff, Ivic, from dismissal of her action as against the defendant, United Taxi. The plaintiff attended a party. A friend arranged for a taxi after the plaintiff became intoxicated and felt unwell. The plaintiff alleged the taxi driver sexually assaulted her. The plaintiff sued the driver, the owner of the taxi and the taxi company. The plaintiff alleged the taxi company was vicariously liable for the driver's acts, was negligent, and breached the fiduciary duty it owed to her as a passenger. The order under appeal granted the taxi company summary judgment dismissing the plaintiff's claims as against it. The motion judge noted that the driver had no criminal record and the taxi company had no knowledge he might have a propensity for sexual or other violence. The plaintiff appealed the motion judge's findings on the issue of the taxi company's vicarious liability. ... [read more]

Monday, June 12, 2017 @ 11:23 AM

Neinstein's Pacheco wins Women's Caucus Award

Neinstein Personal Injury Lawyers’ Daniela M. Pacheco was recently presented the Ontario Trial Lawyers Association’s (OTLA) Women’s Caucus Award. ... [read more]