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Personal Injury

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Friday, October 19, 2018 @ 2:29 PM

SCC sheds light on ‘care, custody & control’ exclusion clause in Quebec commercial liability insurance contract Clément Gascon

The Supreme Court of Canada has 9-0 overturned a Quebec Court of Appeal ruling which relied on a standard liability exclusion clause in that province’s insurance contracts to reject a hotel’s insurance claims in respect of two guest cars stolen from the hotel’s “park and fly” parking lot. On Oct. 19, Justice Clément Gascon (Justice Malcolm Rowe concurring) ruled that the Appeal Court shouldn’t have interfered with the decision of the Court of Quebec judge below ... [read more]

Friday, October 19, 2018 @ 10:32 AM

Cannabis roundup: This week’s legalization opinion and analysis Cannabis legalization

Here is a roundup of all the analysis and opinion pieces we published this week covering the many aspects of cannabis legalization in Canada that came into effect on Oct. 17, 2018. ... [read more]

Wednesday, October 17, 2018 @ 11:18 AM

B.C. bar association urging action on ‘acute’ issues with legal aid, auto insurance CBABC president Margaret Mereigh

The Canadian Bar Association, B.C. Branch (CBABC) is asking the B.C. government to increase funding for legal aid and to make changes to the recently transformed auto insurance system in the province as part of a number of recommendations it says will help to serve modern needs and lead to the efficient resolution of legal conflicts in B.C. ... [read more]

Monday, October 15, 2018 @ 12:31 PM

Blaney McMurtry bolsters team with addition of eight associates

Blaney McMurtry LLP announced that Benjamin Burgar, Jonathan Fillipone, Dena Givari, Zoe Hontoulas, Shayan Kamalie, Jonathan Mor, Anthony Gatensby and Harrison Nemirov have joined the Toronto firm as associates. ... [read more]

Monday, October 15, 2018 @ 10:54 AM

Standard of review highlighted in Court of Appeal’s move to uphold arbitrator’s decision Eric Grossman

The Ontario Court of Appeal determined to uphold an arbitrator’s decision in an insurance priority dispute in a move, counsel said that highlights the standard of review and the deference that’s owed to initial decision makers. ... [read more]

Monday, October 15, 2018 @ 9:36 AM

Cannabis legalization: Avoiding the personal injury potholes | Jasmine Daya Cannabis legislation

Canadians are gearing up for Oct. 17, 2018, a date that will forever be remembered by generations to come. Whether you are a consumer wanting to blaze legally, a firm believer in medical marijuana, a liberal who believes in the freedom of choice or a dealer wanting to earn a buck above board, this movement has brought Canadians together with excitement and anticipation. ... [read more]

Friday, October 05, 2018 @ 9:26 AM

Pyrrhic victory for plaintiffs who refused settlement refuse_money_sm

On Aug. 20, 2018, the judgment on costs following trial was released in Bukshtynov v. McMaster University 2018 ONSC 4819. The plaintiffs’ Pyrrhic victory was attributed to their “reckless and pernicious reticence to settle” and their failure to procure costs insurance following an earlier motion for security for costs. Notably, the judge described the plaintiffs’ offer as “so extreme that it effectively was a message that there was no way that this matter would settle ... a red flag for his extreme litigation behaviour.” ... [read more]

Monday, October 01, 2018 @ 9:31 AM

There’s a new sheriff in town and it’s called White Burgess | Patrick Brown

For those advancing and defending personal injury claims, counsel beware. There is a new sheriff in town and it is called White Burgess Langille Inman v. Abbott and Haliburton Co. 2015 SCC 23. Since the decision came down from the Supreme Court outlining when to exclude expert evidence, there have been a number of decisions knocking out experts and their opinions. ... [read more]

Wednesday, September 26, 2018 @ 2:39 PM

Arrival of the smartphone zombie smartphonezombie_sm.jpg

The number of pedestrian motor vehicle accidents in Ontario is rising at a startling pace. Over the past two years, there have been over 90 pedestrian traffic fatalities in the city of Toronto alone, 17 of which occurred in the first half of 2018. ... [read more]

Tuesday, September 18, 2018 @ 12:46 PM

Risks of intimate partner homicide to lawyers, mediators, clients and families businessmanmurder_sm.jpg

It is a fact that many more women die by the hand of their intimate partner than by any other means. There were 18 women killed and two men killed in Canada from January to April 2018 by their intimate partners, making a mockery of the words “I love you” and “to love, honour and cherish.” ... [read more]