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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]

Thursday, February 13, 2020 @ 9:01 AM

LIABILITIES OF MUNICIPALITY - Duty of care - Property maintenance and operation - Sidewalks

Appeal by the plaintiff from the dismissal of her action for damages for personal injuries suffered in a slip and fall. The appellant suffered a serious injury to her leg after she slipped in a snowbank created by the City’s work crew who plowed the street after a heavy snowfall. ... [read more]

Wednesday, February 12, 2020 @ 1:06 PM

Carte blanche for Crown prosecutors in ‘complex cases’? complexpuzzle

The Ontario Court of Appeal has issued a decision regarding the “particularly complex case” exemption that will likely make it more difficult for defendants in complex criminal and regulatory prosecutions to assert their Charter right to be tried within a reasonable time. ... [read more]

Tuesday, February 11, 2020 @ 12:38 PM

Hot-tubbing and pretrial meetings between damages experts People meeting at table

Although the case was dismissed and no damages were awarded, Justice Darla A. Wilson concluded that the quantum of the financial dependency claim should have been resolved before trial, leaving only the liability and causation issues to be determined at trial. ... [read more]

Tuesday, February 11, 2020 @ 12:16 PM

B.C. no-fault insurance plan will reduce victims’ rights, harm vulnerable people: lawyers CBABC president Ken Armstrong

The government of British Columbia has announced plans to transition to a no-fault automobile insurance system to deal with ballooning costs at the provincially owned Insurance Corporation of British Columbia (ICBC), a move that has raised the ire of many in the provincial legal community. ... [read more]

Monday, February 10, 2020 @ 3:28 PM

Off-coverage positions: Requirement for reasons Car insurance form

An insurance company denying coverage and adding itself as a statutory third party can have major implications on an injured plaintiff’s ability to recover adequate compensation for their injuries. ... [read more]

Thursday, February 06, 2020 @ 12:42 PM

Uncovering the gap: the Horse Riding Safety Act Kids riding ponies

The purpose of the Horse Riding Safety Act is to increase the safety of horse riders. However, while it would appear that this piece of legislation was implemented with the best of intentions, it actually results in a large proportion of riders excluded from its reach. ... [read more]

Thursday, February 06, 2020 @ 10:04 AM

Ontario Court of Appeal insurance ruling ‘fundamentally flawed,’ lawyer says Darryl Singer

An Ontario Court of Appeal ruling that set aside a judgment awarding a death benefit to a life insurance policyholder’s widow will give insurance companies more reason to deny claims in the future, warns a Toronto personal injury lawyer. ... [read more]

Wednesday, February 05, 2020 @ 3:22 PM

Social media effect: How online behaviour is changing face of disability litigation Social media icons

Within the landscape of long-term disability and personal injury litigation, the concept of surveillance has become an ever evolving, and at times divisive, issue. A recent Court of Appeal decision, described further down, provides a helpful road map when it comes to the use of surveillance and social media at trial. ... [read more]

Wednesday, February 05, 2020 @ 11:07 AM

Robot justice: China’s use of Internet courts Robotscales

Would it scare you if I said that China has been doing this since 2017? In December 2019, China has announced that millions of legal cases are now being decided by “Internet courts” that do not require citizens to appear in court. The “smart court” includes non-human judges, powered by artificial intelligence (AI) and allows participants to register their cases online and resolve their matters via a digital court hearing. ... [read more]