Focus On

Personal Injury


Tuesday, September 29, 2020 @ 11:45 AM

Absolute liability: What are the exceptions? Hand receiving cheque

There are circumstances in which the insurer is absolved from any liability to the injured third party. ... [read more]

Monday, September 28, 2020 @ 11:44 AM

A personal reflection on Ruth Bader Ginsburg | Beverley McLachlin

It is autumn. I am in the Gatineau Hills north of Ottawa. The leaves are red and gold, and the views spectacular. The occasion is lunch in a country restaurant called Les Fougères. Across the table sits John Roberts, chief justice of the United States. To my left is a small woman with dark, pulled-back hair and an intense gaze — Ruth Bader Ginsburg. ... [read more]

Friday, September 25, 2020 @ 2:03 PM

Sustaining our justice system in pandemic times | Roger Bilodeau

In recent months, several judges, court officials and observers have stated that the pandemic has thrust the justice system further along into the 21st century with the push to use all available technologies to maintain court operations. Many of them have also rightly pointed out that access to justice is still a challenge for a great number of Canadians. As courts take steps to resume regular operations, what does the future hold in terms of sustaining our justice system? Here are a few points to consider as governments, courts and other interested parties move forward to map out the future. ... [read more]

Thursday, September 24, 2020 @ 2:48 PM

I spy with my little eye: Monitoring employee computers shockedcomputeruser_Sm.jpg

It makes sense, if you think about it. An employer hires someone to do a certain job. The employer wants to make sure that the employee is, in fact, doing the very work that they were hired to do. The easiest way to monitor employees’ use of time and employer resources is to monitor them — either overtly or covertly. Many employers have implemented computer monitoring software that logs information such as the websites visited by employees and the length of time on the websites. ... [read more]

Thursday, September 24, 2020 @ 1:54 PM

Ontario to add 98 workplace inspectors to enforce pandemic safety measures

Ontario is hiring an additional 98 health and safety inspectors to help enforce COVID-19 protections at workplaces across the province. The hiring blitz is expected to bring the total staff of active inspectors to 507 from 409, according to a Sept. 23 government news release. ... [read more]

Wednesday, September 23, 2020 @ 2:48 PM

More on out-of-province application of Ontario’s priority regime Cars colliding

In Travelers Insurance Company of Canada v. CAA Insurance Company 2020 ONCA 382, the Court of Appeal addressed the extra-provincial application of the Ontario Insurance Act in the priority dispute context. The decision provides much needed guidance for priority disputes involving accidents that occur outside Ontario. ... [read more]

Tuesday, September 22, 2020 @ 1:59 PM

Absolute liability: When does it apply? Hand receiving cheque

In light of the implications of absolute liability, it is important for defence counsel and insurers to be acquainted with the various circumstances in which this concept applies. ... [read more]

Monday, September 21, 2020 @ 3:10 PM

Courts still searching for ‘something more’ to hold social hosts responsible Glass of alcohol and keys

Fifteen years ago, the Supreme Court of Canada in Childs v. Desormeaux 2006 SCC 18 established, as a general rule, private party hosts (legally known as “social hosts”) do not owe a duty of care to someone who is injured as a result of a party guest. ... [read more]

Monday, September 21, 2020 @ 2:25 PM

LSO crowd-pleaser fee relief motion the opposite of what’s needed | Jonathan Rosenthal

Let’s say a government were to go rogue and compel you to have a limb amputated. Quick! Which one would you choose? ... [read more]

Monday, September 21, 2020 @ 11:07 AM

Will pandemic finally lead to lower annual fees for Ontario licensees? | Andrew Puiras

Annual fees have been a sort of perennial issue in Law Society of Ontario (LSO) politics, causing groans but never erupting to the forefront. In the 2019 bencher election, many candidates made lowering annual fees part of their platform, but annual fees got lost in the shuffle as the statement of principles took centre stage. In 2019, Convocation lowered 2020 annual fees for lawyers by $135 to $2,066, a modest decrease of approximately six per cent from the previous year. ... [read more]