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Tuesday, October 06, 2020 @ 12:21 PM

Techniques for making video trials fair videotrial1.jpg

As we enter the second wave in Ontario it is clear that COVID-19 has completely disrupted the way we administer criminal justice. The courts have been forced to embrace video technologies that have, quite embarrassingly, been used in other professions for decades. ... [read more]

Tuesday, October 06, 2020 @ 9:20 AM

Summary judgment post COVID-19: Movement toward increased access to justice? Courthouse

COVID-19 is changing the world as we know it, particularly when it comes to the administration of justice. The courts have recognized both the need to bring the Ontario judiciary into the virtual world and the benefits that could be derived from same (which are already evident), including more timely and cost effective access to justice. ... [read more]

Monday, October 05, 2020 @ 3:22 PM

‘What do you mean I can’t get transcripts?’ cassette

Imagine you have just completed a 14-day trial by Zoom on behalf of your client. You did a bang-up job of presenting your case and an even better job of exposing the flaws in opposing counsel’s evidence. Nonetheless, the judge ruled against you. Never mind, that’s what appeals are for. Right? ... [read more]

Monday, October 05, 2020 @ 2:22 PM

COVID-19 and its effects on jurisdictional authorities online_health_sm

To say that this global pandemic has changed things just might be the understatement of the year. From decimating industries to complicating others and creating brand new opportunities, it is clear that the present context has changed the outlook of business for years to come — be it for better or worse. ... [read more]

Monday, October 05, 2020 @ 1:32 PM

Serving up notice: Reasonable notice periods during COVID-19 Businessman

Masks, sanitizer, distancing, bubbles, Zoom, working from home: COVID-19 has fundamentally altered workplaces across the country, as well as the security of the jobs that fill those workplaces. ... [read more]

Friday, October 02, 2020 @ 9:30 AM

Decision on sufficiency of reasons highlights need to be specific in submissions: lawyer Kris Bonn

The Ontario Court of Appeal has ordered a new trial in a prison assault liability case because the trial judge’s reasons for his decisions were insufficient to form the basis for a “meaningful” appellate review. ... [read more]

Friday, October 02, 2020 @ 8:31 AM

Access to justice amid COVID-19 Businessmantiedup

The justice system is similar to having only one place in your city that serves food, and it happens to be an expensive, exclusive restaurant. If your rights are at stake (read: steak, if you like puns) that is, you need to eat — your only option is this one restaurant with a cost-prohibitive menu of legal options. You can’t eat (or enforce your rights), if you can’t afford to pay. ... [read more]

Thursday, October 01, 2020 @ 12:27 PM

What Snowbirds decision reveals about Canadian health care traveller

Doug Ford’s losing streak in the Ontario courts continues, with the decision in Canadian Snowbirds Assn. Inc. v. Ontario (Attorney General) [2020] O.J. No. 4036, released on Sept. 25. The Divisional Court ordered the Ontario government to restore health insurance coverage for people who face medical emergencies while travelling outside of Canada. ... [read more]

Thursday, October 01, 2020 @ 11:37 AM

Can a school be sued if a student becomes infected with COVID-19? Backpack and sanitizer

With the beginning of a new school year, many parents are wondering whether it is safe for their children to attend school. The new school year has also raised a number of legal questions with respect to the liability of schools and school boards. What happens if a student contracts COVID-19 while at school? Could the school, school officials and the school board be held liable? ... [read more]

Tuesday, September 29, 2020 @ 11:45 AM

Absolute liability: What are the exceptions? Hand receiving cheque

There are circumstances in which the insurer is absolved from any liability to the injured third party. ... [read more]