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Thursday, October 10, 2019 @ 8:40 AM

Delay: Jordan’s big effect on civil litigation spiral_clock_sm

The Supreme Court of Canada’s decision in R. v. Jordan 2016 1 SCC 27 has had a big impact, not only in the context of criminal law, but also in civil actions. ... [read more]

Tuesday, October 08, 2019 @ 3:06 PM

Court refuses to grant summary judgment in roof fall occupier case Stick figure falling

Summary judgment can be a helpful pretrial mechanism to dispose of an action. At times, however, especially where there are disputed facts at issue, this pre-trial motion may not necessarily prove helpful to achieve a dispositive outcome. ... [read more]

Tuesday, October 08, 2019 @ 9:59 AM

‘Underinsured coverage’ on personal vehicles does not apply to on-job accidents, court rules Sheldon Gilbert sm

The Ontario Court of Appeal has ruled that drivers injured in motor vehicle accidents while on the job cannot access “underinsured coverage” under the insurance policies on their personal, domestic vehicles. Counsel involved in the decision said this case “involved a situation which had not previously been litigated in terms of whether or not specific exclusions in the standard form automobile policy import over to the OPCF 44 Underinsured Endorsement.” ... [read more]

Monday, October 07, 2019 @ 1:16 PM

Two new associates for Thomson Rogers

Thomson Rogers announced that Adam J. Karakolis and Ava N. Williams are now associate lawyers with the Toronto firm. ... [read more]

Thursday, October 03, 2019 @ 1:04 PM

Helping clients dispute a disability claim Health insurance claim form

There are incidences where the insurance company can deny a claim for long-term disability. When this happens, there are a number of steps that a client can take to dispute a claim. ... [read more]

Monday, September 30, 2019 @ 3:51 PM

Uninsured parties and Ontario’s Motor Vehicle Accident Claims Fund Head-on collision

In Ontario, the requirement that all licensed motor vehicles have valid insurance means that, in most cases, there will be an insurer to respond. There are, however, circumstances where there is no insurance. In these cases, the lawyer should consider whether Ontario’s Motor Vehicle Accident Claims Fund may be in a position to respond to their clients’ claims. ... [read more]

Thursday, September 26, 2019 @ 12:56 PM

Should alternative medical treatments be covered by health care insurance benefits? Medical_cannabis_on_cross

It is a question that insurers are regularly confronted with in the context of claims for medical cannabis. While these claims elicit a degree of skepticism, the increasing use of cannabis as a legitimate treatment modality may warrant a change in prevailing attitudes. ... [read more]

Tuesday, September 24, 2019 @ 12:14 PM

Gene genie: Why criminal law power to protect genetic information is constitutional Bluebodyscience

Science can now peer into the very code of life, the recipe that makes up who we are. DNA testing can tell, with a high degree of certainty, whether we are likely to fall prey to certain illnesses or transmit them to our descendants. ... [read more]

Monday, September 23, 2019 @ 9:30 AM

ACCIDENT BENEFITS - Income replacement

Appeal by Cop from a decision of the Automobile Accident Insurance Commission allowing in part only his claim to income replacement benefits. ... [read more]

Thursday, September 19, 2019 @ 9:11 AM

Legal aid, auto insurance among areas of focus for new B.C. bar association president CBABC president Ken Armstrong

The new president of the Canadian Bar Association, B.C. Branch (CBABC) says there is a crisis in the provincial legal aid system that is seeing too many people miss out on the proper supports they need. Ken Armstrong, who took office as CBABC president Sept. 1 after previously serving as vice-president and secretary-treasurer, said the CBABC “needs to continue to keep pressure on the government” on legal aid. ... [read more]