Focus On

Personal Injury


Thursday, September 17, 2020 @ 10:02 AM

Court of Appeal rules on out-of-province application of Ontario’s priority regime Cars colliding

In Travelers Insurance Company of Canada v. CAA Insurance Company 2020 ONCA 382, the Court of Appeal addressed the extra-provincial application of the Ontario Insurance Act in the priority dispute context. The decision provides much needed guidance for priority disputes involving accidents that occur outside Ontario. ... [read more]

Wednesday, September 16, 2020 @ 3:59 PM

COVID-19 forces changes on majority of law practices: Survey Jana Schilder

A new survey of 400 legal professionals across Canada reveals that 67 per cent of those surveyed expect to see, or are currently experiencing, practice-related changes due to COVID-19. ... [read more]

Wednesday, September 16, 2020 @ 8:18 AM

LSO budget balance: Support for licensees and public | Joseph Groia

These are difficult times for many members of the legal professions. Like so many others across the province, the country and the globe, lawyers and paralegals have seen COVID-19 have a material impact on their practices. Now is the time for the legal community to come together and work collaboratively to respond to the very real social and financial effects of COVID-19. And, we need to do this in a thoughtful, strategic and disciplined way — resisting reckless responses in direct contrast to the havoc of the pandemic itself. ... [read more]

Tuesday, September 15, 2020 @ 2:10 PM

What COVID-19 deniers can teach us about impaired driving science | Kyla Lee

There are many conspiracy theories about COVID-19, one of which is that scientists have not been able to isolate the COVID-19 virus, and therefore they are not able to accurately test for it. The working theory is that without being able to look at the very molecules and DNA of the virus itself, the nasopharyngeal swabs frequently done to report case numbers are simply inaccurate. ... [read more]

Tuesday, September 15, 2020 @ 11:57 AM

When is absolute liability absolute? Provisions and implications Hand receiving cheque

What is “absolute liability?” Absolute liability is the obligation of an insurer to indemnify an innocent third party who was injured by an insured while the insured was in violation of the insurance policy, and notwithstanding the injured claimant not being party to the insurance contract. In other words, an innocent third party is not prejudiced completely from recovery by an insured’s violation of the insurance policy. ... [read more]

Tuesday, September 15, 2020 @ 11:47 AM

Countering ageism fundamental to transforming dementia care Agingwoman_sm.jpg

Amid the COVID-19 pandemic, Canadians overwhelmingly agree that the virus has exposed a greater need to focus on health care for seniors, according to a new survey by the Baycrest Foundation. The Canadian Brain Health Index, an Angus Reid poll of 1,510 Canadians, provides a benchmark of attitudes towards older adults, health-care research and brain health. ... [read more]

Monday, September 14, 2020 @ 11:44 AM

How COVID-19 will change legal innovation robots

When Ryan Edmonds, a Toronto-based employment lawyer, launched his firm in 2014 he didn’t set out to be an early adopter of legal technology. Cost and flexibility, he says, made setting up a cloud-based paperless system an easy choice. ... [read more]

Monday, September 14, 2020 @ 9:30 AM

ASSESSMENT OF DAMAGES - Limiting factors - Pre-existing conditions 

Appeal by the defendant from the damages award of $628,978 against her in the plaintiff’s personal injury action. The defendant was the at-fault driver in a 2011 motor vehicle accident. ... [read more]

Monday, September 14, 2020 @ 8:40 AM

Paper-based vs. paperless vs. digital paperless_office_sm

Recently I spent three days in a law firm boardroom digitizing the entirety of a law firm’s corporate minute book collection. One by one we combed through the pages of the binders, carefully disassembling decades-old records to be fed through the scanner that worked effortlessly, albeit with a faint hum. ... [read more]

Friday, September 11, 2020 @ 5:53 AM

HEALTH CARE PROFESSIONALS - Liability (malpractice) - Negligence - Causation - Failure to inform

Appeal by the plaintiff, the litigation representative of the estate of his son, P, from a trial decision dismissing his claim against the respondent physician for medical negligence leading to P’s quadriplegia. ... [read more]