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Thursday, December 19, 2019 @ 2:37 PM - Last Updated: Friday, December 20, 2019 @ 11:06 AM

SCC rewrites standard of review framework for administrative law in landmark trilogy Aubin Calvert

In a bid to enhance clarity, predictability and access to justice in a muddled area of law that impacts many Canadians, seven of nine judges of the Supreme Court of Canada have collaborated to devise a new standard of review framework which emphasizes that courts should presumptively exercise deference when overseeing administrative decision makers, while also retaining “limited” scope for correctness review. ... [read more]

Thursday, December 19, 2019 @ 1:26 PM

Autonomous vehicles and collection of personal data Autonomous car with data

Autonomous vehicles have the potential to reduce human error and increase driver safety. In order to do so, these vehicles must collect a driver’s personal data. But what does this mean for individuals involved in motor vehicle accidents? ... [read more]

Thursday, December 19, 2019 @ 6:25 AM

ASSESSMENT OF DAMAGES - Limiting factors - Contributory negligence - Duty to mitigate

Appeal by the defendant from a jury trial verdict in which it was found 75 per cent liable for the plaintiff's damages. ... [read more]

Tuesday, December 17, 2019 @ 2:29 PM

Ruling questions default prejudgment interest on non-pecuniary damages Scissors cutting money

In MacLeod v. Marshall 2019 ONCA 842, the Court of Appeal confirmed that Ontario courts have discretion when setting the prejudgment interest (PJI) rates for non-pecuniary damages arising from personal injury actions, thereby signalling a possible shift away from the default rule of five per cent PJI as contemplated by Rule 53. ... [read more]

Monday, December 16, 2019 @ 9:31 AM

CIVIL PROCEDURE - Charge to jury - Pre-judgment interest

Appeal by the defendants from a jury verdict and an order for pre-judgment interest. ... [read more]

Friday, December 13, 2019 @ 11:22 AM

Failure to do deal with insured in good faith leads to punitive damages Hands going through forms

A recent disability decision offers a compelling wake-up call for insurers who unreasonably refuse to pay a claim. ... [read more]

Wednesday, December 11, 2019 @ 10:38 AM

Off-coverage positions and timing of a breach of policy defence Businesswoman tearing up paper

Once notified of an accident, although it is prudent for an insurer to consider whether there is a coverage issue at the outset of a dispute, this may be easier said than done. The question of when an insurance company is allowed to declare that a policy will not cover a particular accident has and will continue to arise in litigation. ... [read more]

Tuesday, December 10, 2019 @ 12:54 PM

Trusting contractor to obtain sufficient insurance may lead to headaches Man falling back onto hand

With winter’s arrival, ’tis the season for slips, trips and falls. To keep their visitors safe, many property owners contract out their winter maintenance. Customarily, these maintenance contracts require the contractor to obtain comprehensive general liability insurance, naming the property owner as an additional insured. But what happens if they don’t? ... [read more]

Monday, December 09, 2019 @ 11:40 AM

Charter on death: Religious conscience, legislation | Barry W. Bussey

Should the law accommodate religious conscience in the definition of death?  ... [read more]

Friday, December 06, 2019 @ 1:22 PM

Law firm marketing: Asking the big questions | Jana Schilder

There are two truths in law firm marketing for the coming year that have not changed in decades: One is that business is always about who is willing to give your firm the business as opposed to a competitor. And two, the best lawyers constantly take action to expand their “sphere of influence.” ... [read more]