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Friday, February 16, 2018 @ 9:00 AM

As elder abuse claims rise, so does importance of institutional liability coverage elder_abuse_sm

Individuals of prominence and power across all industries and institutions have recently been thrust into the spotlight by claimants claiming to have been sexually abused. While the public nature and sheer number of allegations being brought today against movie directors, actors, sports doctors and politicians is perhaps a new phenomenon, sexual abuse litigation has been a subject familiar to insurance carriers for decades. ... [read more]

Thursday, February 15, 2018 @ 6:48 AM

CBA in midst of revamp; downsizing expected at national office TLD Exclusive

Unbeknownst to most of its rank-and-file members, the Canadian Bar Association (CBA) is poised for a dramatic retooling this year that could cut its fees, pare down its national staff and “non-core” national activities and redirect more cash and delivery of member services to its provincial and territorial branches, The Lawyer’s Daily has learned. ... [read more]

Wednesday, February 14, 2018 @ 8:44 AM

Expert evidence update: Decisions affecting production of working file expert_document_sm

Among civil litigators, 2015 was the “year of the expert,” with multiple decisions from the appellate courts on various issues related to expert evidence. Over the last two years, lower courts have been applying the principles articulated in 2015 so that we can now look back on how the seminal decisions have affected litigation practices. ... [read more]

Tuesday, February 13, 2018 @ 9:48 AM

Lawyers’ groups express concerns over B.C.’s auto insurance reforms Bill Veenstra

The B.C. government has announced major steps to help the Insurance Corporation of British Columbia (ICBC) get out of financial crisis, but a number of organizations representing the legal community have expressed concerns the reforms to the provincially owned auto insurer may do unintended harm to victims of motor vehicle accidents. ... [read more]

Monday, February 12, 2018 @ 8:37 AM

Seeing is believing: Litigation in the age of surveillance | Patrick Brown

With the advent of new technology from dashboard cameras to iPhones, it has become easier to capture a collision unfolding right before our eyes. Gone are the days where we only get carefully crafted statements that are slanted at times to the view of the adjuster, investigator or police officer who is taking them. Things are not always as they seem. But remember, tapes are erased quickly and timely preservation is key. ... [read more]

Monday, February 12, 2018 @ 8:33 AM

PHYSICAL AND PSYCHOLOGICAL INJURIES - Soft tissue - Depression - Considerations impacting on award - Degree of impairment

Action by Lewis for damages for personal injuries sustained in a 2014 motor vehicle accident for which Rubboli was at fault. Lewis was 19 years old at the time, working toward his red seal certification as a carpenter. ... [read more]

Thursday, February 08, 2018 @ 8:49 AM

The ICBC ‘dumpster fire’: How much is really burning? | Sandra Kovacs

British Columbia Attorney General David Eby recently described the current state of the province’s automobile insurer, the Insurance Corporation of British Columbia (ICBC), as a “financial dumpster fire.”  It is clear that ICBC has a problem, but it is a problem without a clear definition. ... [read more]

Wednesday, February 07, 2018 @ 11:14 AM

Wording of benefits statute key in N.L. Appeal Court ruling over workplace injury David_Buffett_sm

The meaning of “use of a motor vehicle” was the nexus of a Newfoundland appeal involving a workplace accident where a mechanic was crushed while fixing a company truck. ... [read more]

Monday, February 05, 2018 @ 4:04 PM

B.C. pledges to fix ‘financial dumpster fire’ at provincial auto insurer David Eby

Calling it a “financial dumpster fire,” B.C. Attorney General David Eby has pledged to fix the monetary woes plaguing the Insurance Corporation of British Columbia (ICBC). ... [read more]

Thursday, February 01, 2018 @ 5:27 PM

Supreme Court ‘integrates’ duty to accommodate into Quebec’s injured workers’ legislation Justice Rosalie Silberman Abella

The Supreme Court has ruled that Quebec employers have a duty under the province’s injured workers’ legislation to reasonably accommodate those injured in the workplace — even though that duty is not expressly mandated by the statute. ... [read more]