Focus On

Personal Injury


Tuesday, June 23, 2020 @ 2:55 PM

Supreme Court sees no absurdity in Court of Appeal decision in light of Vavilov Supreme Court of Canada2

On June 4, the Supreme Court of Canada dismissed with costs Economical Mutual Insurance Company’s application for leave to appeal the Ontario Court of Appeal’s decision in Tomec v. Economical Mutual Insurance Company 2019 ONCA 882. The Court of Appeal allowed the insured’s appeal from an application for judicial review of a decision of the Licence Appeal Tribunal (LAT), upheld by the Divisional Court, where Economical had successfully raised a limitation defence. ... [read more]

Tuesday, June 23, 2020 @ 2:38 PM

Alberta and Ontario courts warm to videoconferencing zoom_screen_sm

Despite differences in the applicable court rules, recent cases from Ontario and Alberta in the context of COVID-19 social distancing restrictions demonstrate a similar willingness to use videoconferencing to facilitate cross-examinations on affidavits and questioning for discovery. ... [read more]

Friday, June 19, 2020 @ 1:38 PM

Tribunal Watch Ontario concerned over shortage of adjudicators, possible shift to written submissions

Marion Overholt has seen the frustration on the faces of her clients. The executive director of Legal Assistance of Windsor (LAW) frequently helps low-income clients in critical, sometimes life-altering cases before Ontario’s adjudicative tribunals, including the Landlord and Tenant Board and the Social Benefits Tribunal. But, time and again, matters have been adjourned because of a shortage of adjudicators. ... [read more]

Tuesday, June 16, 2020 @ 3:33 PM

COVID-19 class actions: More the merrier, apparently Lawsuit paper

By some counts, there have been between 17 and 33 class actions commenced in the past few months in Canada that are based on or arise out of the economic disruption caused by the COVID-19 pandemic. ... [read more]

Monday, June 15, 2020 @ 1:59 PM

World Elder Abuse Awareness Day: Call to action for lawyers Seniors

June 15 is World Elder Abuse Awareness Day (WEAAD). Founded by Dr. Elizabeth Podnieks of Ryerson University, the first WEAAD was launched in 2006 at the United Nations building in New York City. Five years later, in 2011, the UN General Assembly officially designated June 15 as World Elder Abuse Awareness Day. The annual commemoration is an opportunity to acknowledge the significance of elder abuse as a public health and human rights issue. ... [read more]

Monday, June 15, 2020 @ 11:24 AM

Zoom impact on oral advocacy Judgezoom

“Don’t cross your arms,” “Don’t forget eye contact,” “Try not to fidget … yes, put down that pencil.” Are these hallmarks of verbal advocacy about to become less relevant? ... [read more]

Friday, June 12, 2020 @ 12:20 PM

Ford government names new patient ombudsman

Longtime health policy analyst Cathy Fooks will be Ontario’s new patient ombudsman beginning July 13, the government of Premier Doug Ford announced June 11. ... [read more]

Thursday, June 11, 2020 @ 11:49 AM

How lawyers can help Canada navigate COVID-19 storm Lighthouse

One great tragedy of COVID-19 is that for a generation of people, the two most formative societal events they lived through are the 2008 recession and the COVID-19 pandemic. Society and the legal community are now playing a different ball game, except now we’re all blindfolded and six feet apart. ... [read more]

Thursday, June 11, 2020 @ 9:07 AM

FOR TORTS - Direct casual connection or link - Breach of fiduciary duty

Appeal by the defendant Strauss finding him liable for damages for breach of fiduciary duty. The respondent’s husband died because of complications that arose during an angiogram he underwent as part of his participation in a clinical research trial. ... [read more]

Wednesday, June 10, 2020 @ 2:53 PM

Alberta follows Ontario sanctioning ‘upstream’ litigation by videoconference online_trial_sm

In the recent Alberta Court of Queen’s Bench decision of Sandhu v. Siri Guru Nanak Sikh Gurdwara of Alberta 2020 ABQB 359, Justice Michael Lema found authority in the Alberta Rules of Court and applied recent Ontario authority, among others, to authorize cross-examination on affidavits by videoconference, or “remotely,” given the exigencies of the pandemic. ... [read more]