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Monday, March 02, 2020 @ 8:46 AM

The Russian dog theory of litigation: A fable | Barry Landy

Gentle readers, I propose to regale you with a fable. ... [read more]

Thursday, February 27, 2020 @ 11:04 AM

Patient safety and retained surgical items Operation

Imagine finding out months or even years after having abdominal surgery, and enduring excruciating pain, that a sponge had been left in your body. Or waking up from surgery to learn the wrong body part had been removed. Knowing when and how “never events” occur has been recognized as key to preventing them from occurring again. ... [read more]

Monday, February 24, 2020 @ 3:08 PM

Coming of self-driving vehicles means changes for insurance sector: lawyer Robert_Love_2_sm

As the driving world creeps closer towards the use of “truly” autonomous vehicles, Ontario and its auto insurers will need to prepare for “transition” in the handling of collisions caused by driver error versus those caused by malfunction, says an expert. ... [read more]

Friday, February 21, 2020 @ 2:06 PM

Humour in the practice of law: Seriously | Marcel Strigberger

Are you sometimes overstressed practising law? Is your sense of humour dormant or even worse, muzzled? Of course not, but if it is … ... [read more]

Thursday, February 20, 2020 @ 2:02 PM

Canada’s rights, limitations in face of plague crowdwithmasks.jpg

The recent outbreak of the coronavirus has filled the Internet with images that seem to be straight out of a Hollywood blockbuster film. ... [read more]

Thursday, February 20, 2020 @ 8:31 AM

What every firm should know about e-discovery: Evaluation and implementation ediscovery_software_sm

The need for e-discovery is well documented. So, now that we’ve gotten the “why” out of the way, let’s look at the “how” part of the story. It’s one thing to say, “I want an e-discovery solution,” but knowing how to choose, implement and run one is an entirely different matter. And it’s where even the best intentions go to die. ... [read more]

Wednesday, February 19, 2020 @ 11:16 AM

Hockey player liable for opponent head injury 2 hockey players

As playoff season begins across the country, Canadians’ fascination and sometimes obsession with hockey goes into high gear. The stereotype of the hockey player missing teeth and “playing through the pain” is born of the fact that many consider injuries to be as much a part of the sport as ice and stale coffee (or a “cold one” in the dressing room). ... [read more]

Tuesday, February 18, 2020 @ 9:04 AM

Boosting the rate of technology adoption | Aaron Baer

For many observers of the legal industry, the seemingly glacial change of innovation can be astounding. After all, it’s not unreasonable to wonder how the use of data analytics, process mapping or new technology within a law firm can be considered to be innovative. But the reality is that lawyers (and law firms) are often resistant to change. Being trained to identify all potential risks and being subject to a system that relies so heavily on precedent doesn’t exactly align itself well to change. And of course, there’s the incentive misalignment that will remain present in the legal profession so long as the billable hour reigns supreme. ... [read more]

Friday, February 14, 2020 @ 1:27 PM

Bad faith and punitive damages: Stewart v. Lloyd’s Underwriters First-aid kit on balance with money

In the case of Stewart v. Lloyd’s Underwriters 2019 BCSC 1582, the British Columbia Supreme Court considered a claim for punitive damages arising from the insurer’s alleged breach of the duty of good faith. The court held that punitive damages were warranted and awarded $100,000, the largest award in B.C. since Whiten. ... [read more]

Thursday, February 13, 2020 @ 12:57 PM

Social media effect: Privacy and proper use of surveillance at trial Social media icons

Over the years, surveillance has evolved. With the rise of social media, online surveillance has become a common method of choice by insurers. Parameters surrounding how broad and far-reaching the practice should be, and how best to balance it with rights to privacy, have become the focal point of many legal motions and arguments. ... [read more]