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Friday, May 22, 2020 @ 1:24 PM

Virtual mediation: Temporary or here to stay? | Stuart Rudner

While the technology has been around for a while, the need for virtual mediation was never as great as it is now. Previously, most litigators scoffed at the notion that a virtual mediation would be a worthwhile endeavour, but at the moment it is the only option and, more importantly, it has proven to be extremely effective. So, is virtual mediation just a temporary solution during these unprecedented times, or a viable alternative to the traditional in-person format? ... [read more]

Friday, May 22, 2020 @ 11:30 AM

You only get the release you bargained for Signing form

Releases are unique contracts. By their nature, they contain broad and general language to maximize the protection they provide in the unknown future. However, the recent decision of the Court of Appeal of Newfoundland and Labrador in Bailey v. Temple 2020 NLCA 3 is a caution: a party receiving a release doesn’t get more protection than that for which it bargained. ... [read more]

Thursday, May 21, 2020 @ 2:47 PM

Survivors reflect on Indian residential schools settlement group_opinion_sm

One of the most significant and large-scale settlements in Candian history, the Indian Residential Schools Settlement Agreement (IRSSA), resolved thousands of individual claims and numerous class actions brought by survivors of the Indian residential schools system. ... [read more]

Thursday, May 21, 2020 @ 8:42 AM - Last Updated: Thursday, May 21, 2020 @ 9:39 AM

How COVID-19 helped Ontario’s court system | Michael Lesage

Prior to the emergence of COVID-19, the Ontario court system was barely functional. Intended to justly adjudicate matters in the most expeditious and least expensive manner, it had strayed badly off course. In the process, it had devolved into a nadir of bureaucratic rituals and pageantry that increasingly left it accessible only to big business and the most well off. ... [read more]

Wednesday, May 20, 2020 @ 6:55 AM

LIMITATIONS OF ACTIONS - Which limitation period applies

Appeal by the plaintiff from the dismissal of her medical malpractice action as statute barred. ... [read more]

Tuesday, May 19, 2020 @ 2:57 PM

COVID-19 shows why catastrophically injured should know about structured settlements Signing document

The settlement of a personal injury claim can be a life-changing financial decision for any injured person, yet many will make that decision without having been informed of all aspects of the law and regulations that impact personal injury settlements before their settlement is finalized. One example of this potential informational blind spot is a structured settlement. ... [read more]

Friday, May 15, 2020 @ 3:23 PM

Can an unborn child make wrongful life claim? Fetus

While a “wrongful life” claim is a novel question of law, it is certainly not a rare one. This type of claim has been examined by the Canadian courts on several occasions and, most recently, by the Ontario Superior Court of Justice in Florence v. Benzaquen 2020 ONSC 1534. ... [read more]

Wednesday, May 13, 2020 @ 12:03 PM

Falls in health care: Uncovering root cause Fall risk bracelet

Now that the patient is back in bed with their wounds attended to after their fall, and the regular assessment for post-fall signs and symptoms has been done, uncovering the root cause of the fall is critical. A recent fall would precipitate further assessment and discussion about what happened when the patient fell and how to ensure the patient remains safe. ... [read more]

Wednesday, May 13, 2020 @ 9:46 AM

Largest COVID-19 class action in Canada launched against long-term care chains Darryl Singer

As the COVID-19 pandemic claims the lives of older Canadians, the long-term care homes in which they reside are facing growing accusations of negligence. ... [read more]

Tuesday, May 12, 2020 @ 1:29 PM

Uncertainty surrounding extension of limitation periods at LAT: Recent cases 2 people pull on clock

The first part of this article discussed competing cases regarding the applicability of s. 7 of the Licence Appeal Tribunal Act (LAT Act), which provides the tribunal with the discretion to relieve against a missed limitation period. This second part will address cases since the conflicting case and will comment on the direction an appellate court may take. ... [read more]