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Monday, June 08, 2020 @ 1:34 PM

Litigation risk in COVID-19 environment: Class actions and more risk_liability_sm

As we discussed in the first article in this series, the economic and strategic considerations affecting organizations’ litigation decisions are shifting because of COVID-19. For example, class action activity in the first few months of the pandemic already includes: ... [read more]

Monday, June 08, 2020 @ 12:39 PM

How to fight systemic injustice against racialized, Indigenous people | Angelique EagleWoman

For Indigenous and racialized lawyers and judges, the experience of racial profiling occurs when entering courthouses and being seen as either an offender or a victim. On page 22 in the “Guide for Lawyers Working with Indigenous Peoples” a joint project of The Advocates’ Society, the Indigenous Bar Association and the Law Society of Ontario, it is noted that there has been and continues to be a distrust in the Canadian legal system by Indigenous peoples for good reasons: ... [read more]

Friday, June 05, 2020 @ 11:07 AM

Elder abuse: Ontario’s dirty little secret | Jasmine Daya

The province’s long held secret was finally exposed when Premier Doug Ford stated, “It is clear the long-term care system in Ontario must be fixed.” This issue was not caused by the pandemic but by the strain on the system caused by the numerous deaths of long-term care residents, which forced public recognition of what has been happening behind closed doors for years. ... [read more]

Friday, June 05, 2020 @ 8:52 AM

Dependant denied support for misconduct: Insurance, intestate succession denied_stamp_sm

It is arguable that, generally speaking, a beneficiary would be denied insurance proceeds if they caused the death of the deceased, based on both the “slayer rule” and ex turpi causa non oritur actio (“no right of action arises from a base cause”) (see Brissette Estate v. Westbury Life Insurance Co. [1992] 3 S.C.R. 87). This ex turpi causa doctrine has already found common application in insurance law. The Supreme Court of Canada in Hall v. Hebert [1993] 2 S.C.R. 159 cited the origins of the ex turpi causa doctrine in the notion that one should not receive life insurance proceeds after murdering the deceased: ... [read more]

Thursday, June 04, 2020 @ 9:35 AM

CIVIL PROCEDURE - Trials - Conduct of - Judge’s powers and duties 

Appeal by the plaintiff from a trial judgment dismissing her claim for general damages and reducing her damages award for loss of income to zero to account for statutory accident benefits received by the appellant from her insurer. ... [read more]

Wednesday, June 03, 2020 @ 8:52 AM

No going back: Technology and court process | Gary Joseph

The COVID-19 shutdown of the court system was initially viewed as a temporary measure to address legitimate health concerns. Most lawyers expected a quick return to “normal” once the pandemic passed. Two things have now become quite apparent: the pandemic is not passing as quickly as we had hoped and, as importantly, there will be a new “normal.” Lawyers need to accept this and get onboard the technology train or they will be left behind. ... [read more]

Tuesday, June 02, 2020 @ 1:41 PM

Litigation risk in COVID-19 environment: Big changes risk_liability_sm

Litigation risks are materially different today, under COVID-19 than at the start of 2020 when the threat of a world-changing global pandemic was barely an idea. The economic and strategic considerations affecting organizations’ litigation decisions are shifting. This article examines that shift and explores the consequences for litigants going forward as they seek to resolve disputes in the pandemic environment — both existing legal disputes and new litigation arising from COVID-19. ... [read more]

Tuesday, June 02, 2020 @ 11:40 AM

COVID-19-specific liability waivers: New reality for outdoor/adventure operations? Girl at adventure park

Outdoor/adventure businesses — essentially shut down in the initial months of the pandemic — are preparing to restart their operations and are examining what measures they must take to protect themselves. Even though liability waivers are routine within the outdoor/adventure industry and their requirements are well-known, it is unclear whether the content of pre-existing waivers will be sufficient to address COVID-19-related injuries. ... [read more]

Tuesday, June 02, 2020 @ 9:55 AM

Justice and the pandemic: The new gold standard Canada_COVID_sm

This article is the first of a three-part series examining our courts’ response to the pandemic and what it means for the future of the civil justice system. ... [read more]

Monday, June 01, 2020 @ 10:53 AM

What virtual arbitrations can teach courts | Michael Lesage

Recently I concluded a million-dollar-plus commercial arbitration over Zoom for a corporate client. The matter was heard over two days, involved five witnesses and several thousand pages of documents. Had the same proceedings taken place in court, the hearing itself would have been at minimum three times as long. ... [read more]