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Monday, April 03, 2017 @ 08:55 AM

Don’t ignore theory of damages in class actions

Although theories of liability such as a government’s negligence, a bank’s breach of contract or an insurance company’s bad faith usually get the legal headlines, sometimes the theory of damages will be the most important issue in a class action for the following four reasons:  ... [read more]

Friday, March 31, 2017 @ 09:01 AM

Auto dealers now have a duty of care to thieving minors

A recent decision from the Ontario Court of Appeal affirmed that when it comes to tort law, “sentiment is not principle.” The duty of care operates independently of the illegal or immoral conduct of the injured party. ... [read more]

Thursday, March 30, 2017 @ 08:33 AM

DISCRIMINATION - Types of discrimination - Constructive or adverse effect

Application by Peart for judicial review of a decision of the Human Rights Tribunal that dismissed his discrimination application. The applicant filed his complaint after the Office of the Chief Coroner declined a request to conduct a discretionary inquest into the workplace death of his brother, a migrant farm worker from Jamaica who was employed under the Seasonal Agricultural Workers Program (SAWP). Police had investigated the death and found the brother had not followed the safety training he had received. The Tribunal found s. 10(5) of the Coroners Act did not discriminate against migrant farm workers by denying them the benefit of mandatory inquests into preventable workplace fatalities. It found that s. 10(5) of the Act had a disproportionate impact on migrant workers. It concluded the purposes underlying the requirement for mandatory inquests in accidental workplace deaths in mining and construction, but not in agriculture, were non-discriminatory. ... [read more]

Wednesday, March 29, 2017 @ 09:06 AM

Battle brews over MPP’s bill to cap contingency fees, scrap referral fees

Personal injury law firm Diamond & Diamond Personal Injury Lawyers has hired a public affairs firm to lobby against a proposed private member’s bill to cap contingency fees and scrap referral fees. ... [read more]

Tuesday, March 28, 2017 @ 12:13 PM

Speeding up criminal trials slows civil court system, but there are fixes | John McLeish and Stefanie Chimienti

Civil trial lawyers complain about increasing delays in the civil trial system. In Toronto, while short trials (those lasting 10 days or less), can be scheduled within a year, the same is not true for long trials. ... [read more]

Monday, March 27, 2017 @ 07:11 PM

Ontario Court of Appeal rules structured settlements are 'income' not 'property'

In a noteworthy decision for both the family law and personal injury bars, the Ontario Court of Appeal has ruled that personal injury structured settlements are “income”— not matrimonial “property” — and thus their value is not shared between the estranged spouses. ... [read more]

Friday, March 24, 2017 @ 04:39 PM

SCC rules no-fault car accident regime bars negligence suits against third parties Andrew Kliger

Eight years ago Gilles Gargantiel lost part of his leg to frostbite as he lay injured in a ditch for nearly two days in October because Sûreté du Québec police stopped looking for him two hours after his auto accident — while ignoring the GPS co-ordinates repeatedly being sent to them by his car’s on-board location system. Ten years earlier, Thérèse Godbout’s fractured legs were both amputated as a result of complications she claims were caused by the negligence of the Montreal surgeons who operated on her after a serious car crash. ... [read more]

Friday, March 24, 2017 @ 09:02 AM

Media relations isn't marketing, and that's just the first mistake lawyers make | Julius Melnitzer

When it comes to maximizing the benefits of good media relations, many Canadian law firms haven’t quite got it yet. For those of you who are thinking, “What are you talking about? The profession’s marketing savvy has come a very long way” — you’re making my point. What a lot of law firms still don’t seem to understand is that marketing and media relations are two distinct arts. Lumping them together is akin to shoving an admiralty lawyer and an entertainment lawyer into the same pigeonhole. ... [read more]

Thursday, March 23, 2017 @ 08:00 PM

Lawyers applaud new referral fees, ad rules

Not applicable ... [read more]

Wednesday, March 22, 2017 @ 02:04 PM

What Surani decision means for deductions from IRB entitlements

Many insurers and their expert accountants routinely deduct post-accident business income from the IRB entitlements of self-employed insureds irrespective of their inability to return to work. Others take the position that any efforts, no matter how trivial, short of complete disability, are sufficient to qualify income in the ongoing business as fully deductible. Is this reasonable, what does the SABS provide and what is the jurisprudence on the issue? ... [read more]