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Select Title $30,000 Awarded for Defamatory Statements Made on Facebook 2 Insurance Policies, 1 Insured: Who Defends the Action, Who Pays the Costs of the Defence, and Who Controls the Defence? Case Study: Markham (City) v. AIG A "catastrophic impairment" requires only one (out of four) functions at the marked impairment (class 4) level A "Victory for Common Sense": Uber Continues to Operate Legally in London, UK A Battle of Offers: Case Study: Hashemi-Sabet Estate v. Oak Ridges Pharmasave Inc. ("Hashemi-Sabet") A Canadian Perspective: Recent Developments and Emerging Issues Concerning the Design Professional A Cautionary Tale for Employers A Case Study - Hampton Securities Ltd. v. Dean A Challenge to Anonymity for Donor Offspring A Chiropractic Malpractice Case A crack in the armour? Waivers and the use of the Consumer Protection Act A Defence Lawyer's Guide to Investigating Modern Insurance Fraud A Dirt Bike is Considered an Automobile by the Ontario Court of Appeal A Duty of Good Faith is Foundational: Case Study: Demetriou v. AIG Insurance Company of Canada (2019 ONCA 855) A Landlord's duty to maintain a residential property A Lawyer's Guide to Discoveries and Timing of IMEs A Million Dollar Bonus after Constructive Dismissal - Case Study: Matthews V Ocean Nutrition Canada Ltd A Plea for Simple Pleadings A power outage may not qualify for damage on premise: Case Study: La Rose Bakery 2000 Inc. v. Intact Insurance Company (2019 ONCA 850) A summary of threshold decisions from 2016 and 2017: Which got through and which got bounced A Tomato Wagon? Defining 'Automobiles' Under Ontario's Insurance Legislation A year, if a day: What insurers are talking about one year after the introduction of the "New Regs" Accessibility for Ontarians with Disabilities Act: How to Comply with the Customer Services Standard Accident benefits priority dispute between driver's own insurer and company car's insurer Accuracy of Surveillance ReportsAccuracy of Surveillance Reports Acting for both Insured and Insurer: What Counsel Need to Know Alberta's Personal Information Protection Act Declared Unconstitutional Alcohol, Snowmobiling, Breaching a Probation Order and Insurance Coverage All-Inclusive and Without Costs Rule 49 Offers Allegations are Subject to Higher Scrutiny When Made Against Personal Defendants - Featured Case Study: Matlock v. Ottawa-Carleton Standard Condominium Corporation Altering the Litigation Landscape: Mary Carter Agreements and Stamatopoulos et al v. Harris et al, 2014 ONSC 6313 Amending to Add Family Law Act Claims: Not So Fast! Case Study: Malik v Nikbakht An introduction to cargo theft An overview of the statutory obligations for insurers to participate in mediation and to attempt to settle An Update on Uber and Autonomous Vehicles Analyzing Use or Operation of a Vehicle - Case Comment: Hunt v Peel Mutual Insurance Anti-Spam Law Update: 10 million reasons not to ignore it Application For Accident Benefits Primer (OCF-1) Primer Apportioning Liability in Single-Vehicle Accidents: The Clash between Contributory Negligence, the Driver’s Liability, and a Municipality’s Duty of Care Appropriate Limitation Periods Clarified for All-Risk Business Insurance Policy Approximately 2.5 Million Dollars Gone in Approximately 2.5 Seconds: An Insurance Coverage Nightmare Arbitrations and Receiverships: Do they need to be legally distant? - Case Study: Petrowest Corporation v. Peace River Hydro Partner Are you a creditor and do you have standing? Maybe not. Case Study: YG Limited Partnership and YSL Residences Inc. Attempted car-jacking qualifies as an accident pursuant to the Statutory Accident Benefits Schedule (SABS) Attendant Care Benefits: Family Members & Professional Health Care Designations Auditor Held Liable in Negligence for Non-Clients' Losses - Case Comment: Lavender v. Miller Bernstein Automobile Insurance Fraud: Prevalence, Prevention, and Response Autonomous Vehicles - The Next Frontier Autonomous Vehicles and the Future of Litigation Autonomous Vehicles vs. Pedestrians: Who is at fault? Autonomous vs Semi-Autonomous Vehicles: The Liability Distinction Back to Basics on Betterment: A Primer on Recent Judicial Decisions Pertaining to the Issue of Betterment Back to the Future Causation Alert: Clusters Trumps Medical Causation in Judicial Review of Technicians' Breast Cancer Back-up Servers and Privacy Legislation: When information is "reasonably retrievable" under the Privacy Act Bad faith is not a claim governed by the insurance contract BC Court Decides CERB Payments Should Count Against Damages for Wrongful Dismissal Before You Settle - Lockhard v. Quiroz v. C.A.A. Insurance Co. (Ontario)[1] Being Proactive with Environmental Claims Case Study: Albert Bloom Limited v. London Transit Commission Beware of Presumption of Management or Control of a Director - Case Comment: Alizadeh v Ontario Beware of the Standard of Care in Recreational Sports - Case Comment: Cox v. Miller Big Changes to Small Claims: How COVID-19 has affected the Small Claims Court Bill 171: The Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 Bill C-311: The Climate Change Accountability Act Brain Injuries - Admissibility of SPECT Scans as Evidence - Case Study: Meade v. Hussein, 2021 ONSC 7850 Branco v American Home Assurance Company, 2013 SKQB 98 Breaking The Blunt Arrow: Bill 27's Ban on Non-Compete Agreements Bring out your calculators! Retroactive Attendant Care and SABS interest Bucking the Legal Lacuna: The Humboldt Bronco's Record Setting GoFundMe Campaign and Saskatchewan's Informal Public Appeals Act Buyers and Agents Beware: BC Court Rules That Representative Is Responsible for Tax Owed by Buyer Can a claim be denied due to criminal history from 20 years ago?: Case Study: Mohammed v The Manufacturers Life Insurance Company Can a condominium corporation seek recovery of subrogated interests from a unit owner? Can a pseudonym screen name protect you from a lawsuit?: Case Study: Theralase Technologies Inc. v Lanter Can auto insurers require an insured to undergo medical examinations? Can LAT Award Punitive Damages? Featured Case Study Canada's Economic Response Plan in Response to COVID-19 Canada's Emergency Wage Subsidy in Response to COVID-19 Cargo Storage: A Minefield of Regulation Caring for the Elderly and the Duty to Supervise Carriage and Control of Litigation in Subrogated Actions Carriage and Control of the Action and Independent Settlement of the Subrogated Claim Case Comment: Iannarella v Corbett Case Comment: Whether A Constructive Trust Should Be Imposed Because Of Unjust Enrichment Case Commentary: Trimmeliti v. Blue Mountain Resorts Ltd. Case law released concerning when policies must respond in actions involving rented or leased vehicles Case Management: Be Zealous But Be Reasonable Case Study - Kusnierz v. Economical - Decision from the Court of Appeal Case Study on Electronic Custodial Care: Shawnoo v. Certas Direct Insurance Co Case Study: Zurich Insurance Company Ltd. v Ison T.H. Auto Sales Inc Case Summary: Tridan Developments Ltd. v. Shell Canada Products Ltd. Casino Niagara: Rolling the Dice on Constructive Dismissal Causation, Causation, Causation — Is What's Old New Again or Are Times A "Changing" Caution! This pool is unsupervised! Resort liability of unsupervised facilities Change in circumstances permits multiple applications for determination of catastrophic impairment Changes to the Accident Benefits Regime Cheech and Chong Get into a Car Accident Case Commentary: F. F. and Aviva Insurance Canada Chronic Pain and Suffering: Non-Pecuniary General Damages Awards in Cases of Chronic Pain Circumstantial Evidence should not be Overlooked by Claims Adjusters Civil Claims Online Portal: Filing Non Urgent Documents Online Claim for Loss of Opportunity Damages - Case Study: Akelius Canada Inc. v. 2436196 Ontario Inc Claimant can meet one definition of catastrophic impairment but not the other: Pastore v. Aviva Clarifying pollution exclusions in commercial insurance policies Class Actions Certified for Truckers' Overtime Pay: Baroch v. Canada Cartage, 2015 ONSC 40 (January 31, 2015) Cloudy with a Chance of Money: Overcoming Obstacles in Subrogated Claims Collaborative Care and Vicarious Liability Combatting Exposure: Utiization of Waivers by Ski Hill and Resort Operators - A Defence Perspective Common Interest Privilege: A New Tool in the Litigation Basket Compensation expectations for long-term employees terminated - Case Study: Williams v. Air Canada Concussions and Injuries in Canadian and American Contact Sports: A Legal Perspective Condominium Corporation Issues: The President's View Construction Act Reforms: Now in Effect! - Ontario Dispute Adjudication for Construction Contracts (ODACC) Constructively Dismissed? You May Have To Go Work for Your Old Boss Corrosion exclusion denied due to ambiguity: This author disagrees with the determination in case: MDS Inc. v Factory Mutual Insurance Corrosion Exclusion II - Resulting Physical Damage An exception to the exclusion in case: MDS Inc. v Factory Mutual Insurance Cost Effective Resolution of Low Value Claims Couple Caught in Bidding War Frenzy Reneges on Purchase of Dream Home, Liable for Damages Court holds there is no duty to defend when policy limits are exhausted Court of Appeal Clarifies Approach to Overlapping Insurance Coverage: Case Study: TD v. Intact Court of Appeal Decision on Dependency in a Priority Dispute Dealing with New Relationships Court of Appeal Declines Remedies against Person Harassing Mayor, Township Court of Appeal released a decision Developments in Loss Transfer: Defence of laches is not available to bar delayed claims Court Orders Up to $600,000 Advance Payment in Advance of Personal Injury Med-Mal Trial Court voids claims waiver on basis of power imbalance between adjuster and plaintiff Coverage Issues in the Manufacturing/Distribution Chain COVID-19: Business interruption – Are you covered? COVID-19: Business interruption – Tangible property and loss of use in the Ontario Courts COVID-19: Taking stock of urgent motions Cracks in the Defence, Sidewalk Maintenance and Municipal Liability Cross Border Issues: The Current Automobile Insurance Legislations in Ontario Current Trends and Hazards in the Ontario Human Rights Tribunal Cyber and Privacy Risks: Class Action Exposures Cyber Liability Cyber risks to your organization and its consequences: New reporting standards from the Office of the Privacy Commissioner of Canada Declaring Values on "Contracts of Carriage" in Ontario Defamation in the Internet Age: The Law and Social Media Deference to Reasonable Decision made by Condo Boards Demers v. Monty, 2012 ONCA 384 Determination of Notice Periods for Rehired Employees Post CCAA Proceedings: Case Comment: Antchipalovskaia v. Guestlogix Developments in Loss Transfer: Does the doctrine of laches apply to bar delayed claims? Diminishing Returns - Divisional Court Confirms Motor Vehicle Accident Claims for Diminished Value are Statute Barred by Insurance Act Directors' and Officers' Liability in the Age of COVID-19 Discoverability Dilemma: Limitation Periods for Contribution and Indemnity Claims Discovering Potential Third Parties in Motor Vehicle Accident Claims: Who Should We Consider? Disengaging Assets subject to a CCAA Proceeding - Case Study: Teliphone Corp. v. Ernst & Young Inc. Dismissal with just cause is assessed through contextual approach Dispensing with dispensaries: Pot shops on every corner Distributors' Liability in Canada for Defective Products Divisional Court Comments on Termination Rights of Employer during Probation Period Do Excluded Drivers have access to AB Coverage? See Court of Appeal Ruling Do Ontario Insurance Laws Have Extraterritorial Effect? Revisiting Unifund v ICBC in the 2020 case of Travellers v. CAA, 2020 ONCA 382 Do Parents Know Best? An Update on the Enforceability of Waivers Executed on Behalf of Infants Do priority provisions in s. 268 of the Ontario Insurance Act apply to an out-of-province insurer for an accident that took place in Ontario? Case Study: Coseco v. Liberty, 2019 ONSC 4918 Down the Path to the End Finality: A Case Study of Gillham v. Lake of Bays (Township) Driving or operating an automobile without a valid driver's licence is not, in itself, sufficient to ground a subrogated claim Driving Outside of the Lines: Regulatory System v. Autonomous Vehicles Duties and Liabilities of Directors and Officers Duty to Defend an Additional Insured Under a CGL Policy Duty to Mitigate E-Discovery: Overview and Latest Developments in Ontario and Canada Early Claims Resolution Strategies Early Inquiries are Critical to Ensuring Inclusion of Defendants - Case Study: Amanda Ali v. City of Toronto Effective Claims Management: Ambiguous Policy Wordings and Court Interpretations Effective Claims Management: Managing the Legal Journey with Your Counsel Effective Claims Management: The Client – Lawyer Partnership in Subrogation Effective Claims Management: The role of the crisis communication strategy Egg on your face - you may have a claim: Case Comment: Gilbrairth v. Intact Insurance Emerging Trends in Personal Injury Damage Awards Employee & Employer Obligations Part 2 of 6 Employers Beware: An Employee Charged Criminally for Sexual Assault May Not Be Sufficient Grounds To Terminate with Cause Employment Contracts: New Term? New Consideration! Employment Law: Notice: Part 4 of 6 Employment Law: Terminology - Part 1 of 6 Employment Termination Clauses: Failure to Specify Minimum Statutory Benefits after Dismissal, but Voluntary Provision of Those Benefits Enforceability of Settlements in the Context of Self-Represented Plaintiffs - Case Study: Huma v. Mississauga Hospital Enforceability of Waivers: An Update - Case Study: Arksey v. Sky Zone Enforcing Letters Rogatory: A warning to connected businesses operating in multiple jurisdictions Escalating Damages in Canada Establishing Causation in Cases of Chronic Pain Ever Escalating Claims - Updated: The Evolving Auto Insurance Product Stresses on the System Ever Escalating Claims: The Evolving Auto Insurance Product Stresses on the System Everything You Need to Know About Trial Insurance: Security Against Bad Outcomes at Trial For Sale! Executive Officers are Employees: The "Gap" Between Workers' Compensation and General Liability Policies Expansion of the Canada Emergency Response Benefit Expecting the Unexpected: Occupiers’ Liability and Minor Plaintiffs Expert Evidence May Not Trump in Summary Judgment: Cases Case Study: Haley v Stepan Expert Review of Ontario's Construction Lien Act Eyes Wide Shut: The Best Defence is a Good Offence Cyber Liability Face the Music: Once Requested, A Mediation Must be Scheduled Forthwith Factors to consider during the tendering process - Case Study: Aquatech Canadian Water Services v Alberta (Minister of Environment and Parks) Falling Back to More Pedestrian and Cyclist Motor Vehicle Accidents Fans Beware: The Risks of Watching Your Favourite Athletes Fans: Enter at Your Own Risk Fault Exclusions in Course of Construction Policies: Ledcor and Acciona Infrastructure Featured Case Study: Raho Mohamud v. Old Republic Insurance Company Featured Case Study: Water Damage Raubvogel et al v. The City of Vaughan et al Featured Case: Aranas v. Kolodziej The buck stops here: A rare summary judgment win for the defence Fifty Shades of Grey: Contractual Interpretation in the World of Email Negotiation and Sex Toys Financial Planner and Advisor Titles: A New Framework is Announced First FSCO Decision on the Minor Injury Guideline First Party Claims: Defining First Party Claims - Part 1 of 7 First Party Claims: Affidavit of Documents (and Conclusion) - Part 7 of 7 First Party Claims: Is Bad Faith Pleaded? - Part 4 of 7 First Party Claims: Pleadings - Part 6 of 7 First Party Claims: Responsibilities of the Insurer and Insured - Part 3 of 7 First Party Claims: Special Considerations - Part 5 of 7 First Party Claims: The Insurance Policy - Part 2 of 7 Five Years Later: The Application of the Human Rights Code Today Fixed term employees no longer have a duty to mitigate their damages - Bowes v. Goss 2012 (ONCA) For Want of Jurisdiction Four Million Dollar Price Tag to Fix an Actress's Reputational Damage Freedom of Expression in the 'Trump Era' Is a "Trump is right. F**k China. F**k Mexico" Sign Protected Speech? From Motorist to Manufacturer: Adjusting to AV Litigation FSCO Counsel Meeting May 25th: Current Issues FSCO Counsel Meeting Summary: How to address the mediation backlog FSCO orders insurer to fund medicinal marijuana purchase Fundamentally Different: Supreme Court of Canada on Statutory Rights of Appeal and Judicial Review Future Care Costs: Preparation and Mitigation General Damages which are exactly $100,000.00 are subject to the statutory deductible: Winckle v. Siodlowski Getting "Ahead" of the Changes Rowan's Law and the Potential Impact on Insureds – Further Updates Goodbye FSCO, Hello LAT! Gordyukova v. Certas Direct Insurance Company, 2012 ONCA 563 HBC Trademark Troubles: A review of the Zellers trademark dispute between HBC and a Quebec retail family Here, There and Everywhere, Chasing Fraudsters - An Indictment in a New York Slip and Fall Scheme raises concerns about Insurance Fraud Home Sweet Home: What Constitutes "Living in the Same Household" in a Home Insurance Policy Hot Pursuit How Much Is This Lawsuit Going to Cost Me? Case Study No. 1 of 2: Corbett v. Odorico How Much Is This Lawsuit Going to Cost Me? Case Study No. 2 of 2: Carroll (Litigation guardian of) v. McEwen How serious must a serious impairment be? Case Study How to "knock out" claims to Tavern Owners sued for injuries sustained in bar fights HPARB Rules on Kinesiologists and FAE Reports Featured Case: C.M. & P.M. Human Rights Claims: Part 6 of 6 Identifying and Addressing the Limitations of Waivers and Permission Forms in a School Setting Identifying Insurance Fraud in Tort Claims If you take the wheel, you take control: Case Study: McKay v. Park, 2019 ONCA 659 Immunities and Exploits: Considerations for Subrogation as against Municipal or Regional Governments Implications of the New Ontario Not-for-profit Corporations Act, 2010 Important decision on when catastrophic accident benefits become overdue Improper Policy Cancellation Leads to "Risky Business"- Case Comment: Minister of Finance v AXA Insurance Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05 In the Wake of Waksdale: A Recent Decision with Serious Consequences for Ontario Employers Inherent Risks in Hockey: Recent Developments in the Law Injunctions To Restrain Breach Of Contract Injunctions to Restrain Breach of Contract - Stipulated Remedy Clauses - Old Habits Die Hard Insurance coverage for injuries caused by at-fault uninsured, inadequately insured and unidentified motorists Insurer's Duty of Good Faith will not be expanded by Supreme Court Case Comment: Usanovic v. Penncorp Insurers Beware: Ontario Court Rules Underwriting and Broker Files are Producible in Tort Litigation when Consent is a "Live Issue" Insurers Beware: Recent Developments in the Duty to Defend and Indemnify Insurers Seeking Recovery of Overpayment? Beware of Notice Requirements Case Comment: Intact Insurance v. Marianayagam 2016 Is anyone ensuring that your Mink Lashes are cruelty-free? An Overview of the Regulation of Fur Farming in Canada Is it okay for jurors to engage in internet research during deliberations? Case Study: Patterson v Peladeau Is there a 10 day time period on EUOs? Case Comment: Choeun ats Allstate Is This The End of Civil Jury Trials in Motor Vehicle Accident Cases? It's 2020: Bringing the Courts in Line with the Times During COVID-19 - Case Study: Arconti v. Smith It's Not Complicated (Anymore): Court of Appeal Explains the Relationship between SABS and Tort Damage Awards It's Not Over Until the Three Judges Sing: Divisional Court says Wills are not Trusts Jam Session Gone Wrong: How an Office Party Created a Coverage Debacle - Case Study: RSA v. Intact John Hancock would be proud: Chaparina and State Farm and the importance of signatures on accident benefits treatment plans Journalist-Confidential Source Privilege May Exist In Canada Judge vs. Jury: Considerations for Medical Malpractice Cases Judiciary to the Bar: Make Contemporaneous Notes and Take Written Instructions Jury Questions: When to Ask for Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904 Just When You Thought It Could Not Get Any Harder: Changes Could Be Coming to Proceedings Against the Crown Justice Must Not Only Be Done, it Must be Seen - The LAT's Mandate to Ensure Both the Existence and the Appearance of Adjudicative Independence in their Decision-Making Processes Keeping the Mould Away: Application of Mould-Based Policy Exclusions Key privacy cases for consideration: Hot Topics in Privacy Law - 5 of 5 Kids May Be Kids, but Adults Oversee: The Liability of Adult Supervisors for Child Injuries Know your limits! Contributory Negligence in a sport and recreation context LAT Broadens the Definition of Accident as per SABS Case Comment: 16-00218 v. Aviva Insurance LAT Reconsideration Request Due to Error of Law Latency of Claims for Allied Healthcare Providers Legal determination that an at-fault motorist is underinsured is required before a plaintiff's OPCF 44R coverage is triggered Legal Liabilities and the Transmission of COVID-19: What you need to know about Bill 218 Legal Themes utilized for Medical Liability Legalizing Marijuana: And The Litigation Begins... Legalizing Marijuana: Are Dispensaries and Vapour Lounges the new Tavern? Legalizing Marijuana: Drug Recognition Experts and Drug-Impaired Driving - Additional Considerations for Insurers following Supreme Court decision Legalizing Marijuana: Drugged driving and how insurers can manage risk Legalizing Marijuana: Potential Impact on Social Hosts Legalizing Marijuana: Product Liability for Producers, Distributors, and Dispensers Legislative Progress Towards Legalization: An Overview of the Recently Published Cannabis Regulations Legislature Passes Concussion Safety Legislation with Bill 193: Rowan's Law (Concussion Safety), 2018 Lessees may recover under a lessor's insurance policy Lets talk about Sexts: Is my teenager in possession of child pornography? Liability Exposure for Uber Drivers after a Fare is Dropped Off Liability Limits in Subrogation Liability of Vehicle Owners: The Ontario Superior Court of Justice's Decision in Case v. Coseco Insurance Co. Lights and Siren Lights, camera, financial transaction: Auditor liability after the Livent decision Limitation Periods in Canada Limitations Law in Accident Benefits Cases Litigation Loans and Adverse Cost Insurance Litigation Loans and Adverse Cost Insurance - An Update - The Doctrines of Champerty and Maintenance Location Matters: Superior Court Rescinds a $95,000 Contract for Toronto Maple Leafs' Season Tickets Location of Loss Case Study: Benson v. Belair Insurance Company (2019 ONCA 840) Lockdown at the Harbour: Arresting Multiple Ships? To safeguard eventual judgment Long fight ends in judgement to Plaintiff includes interest plus costs: Featured Case Study: Infinity Construction Inc. v. Skyline Executive Acquisitions Inc. et al. Loss of Care, Guidance, and Companionship Damages: A New Benchmark? Case Study: Moore et al., v. 7595611 Canada Corp. Loss Transfer - When Accident Benefits May Be Transferred to Another Insurer Loss transfer regime is applicable even when the accident occurred outside of Ontario, if Ontario insurers are involved Making Use of Unusual Torts in Subrogation Malpractice & Health Litigation Basics in Canada: A Statistical Primer for Practitioners, Professionals, Hospitals, and Insurers Mandatory Training for Commercial Truckers a Welcome Change Marijuana Legalization: Ontario Weighs In  Marshall Report: Progress To Date Mary Carter Agreements Mediating a Road Authority Claim on Behalf of a Municipality Medical Marijuana: Considerations for Employers Medical Records: Personal Privacy in Conflict with the Rule of Law Minimum Maintenance Standards and Municipal Sidewalks - Case Study: Cromarty v. Waterloo (City) Misfeasance Claims against Crown Prosecutors - Case Study: Ontario (Attorney General) v. Clark, 2021 SCC 18 Mitigation: Loss Control & Failure to Prevent Mother May I? The Effectiveness of Waivers and Permission Forms in Cases of Injured Minor Plaintiffs Motor and Marine Carrier Cargo Claims Mould Growth Personal Injury Claims Spreading Multiple Policies, Class Actions with Continuous Losses- Oh My! Case Comment: Loblaw Companies v Royal & Sun Alliance Insurance Co. Muskoka Fuels v. Hassan Steel Fabricators Limited: Application of the Sale of Goods Act to Manufacturing Defects Must an Insurer wait until Trial to Contest the Validity of the Policy? - Case Study: IT Haven v Certain Underwriters at Lloyd's Mustapha Revisited: Is the job only half-done? My House Burned Down, Now I Can Buy Two - Featured Case Study: Groupone Insurance and Lloyd's - and - Wenhao (Melissa) Li and Darko Strukan Navigating Through Challenging Mediations: Creating Value in the Midst of Obstacles New Canada Anti-Spam Legislation (CASL): Hot Topics in Privacy Law - 4 of 5 New Financial Support for Workers Relying on Government Benefits during the COVID-19 Pandemic New Privacy Tort Recognized in Ontario: Jane Doe 464533 v. X No Escape from a Policy Breach Even Years Later Case Study: Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance No Man's Land - Cyberbullying and the Canadian Legal Landscape No Nonsense LAT — MB at the forefront! No Playing Around: An UPDATE on Tort Liability and School Yard Injuries No Playing Around: Tort Liability and School Yard Injuries Not Anonymous Anymore: Managing Privacy Concerns Not-for-profits ~ BEWARE: Federal privacy laws can apply to not-for-profit corporations Now or Never - Limitations on Late Expert Reports Nuances Between Judge-Alone and Jury Trials Occupier's Liability: A Board Meeting Gone Wrong Case Comment: Omotayo v Da Costa et al. Occupiers' Liability and Sports Fans: Legal Implications and Risk Management Strategies for Sports and Entertainment Facility Operators Off the Beaten Path: Occupiers and Trail Liability in Ontario Old McDonald had a Farm and Kids: A Tale of Succession and Unjust Enrichment Case Comment: McDonald v McDonald On Your Bike One small step for summary judgements, one giant leap for efficiency Ontario Automobile Insurance Dispute Resolution System Review - Final Report Ontario Court of Appeal confirms that home buyers are not barred by the provisions of the Ontario New Home Warranties Plan Act from pursuing remedies in the courts Ontario Court of Appeal releases decision in expert evidence case Ontario Court of Appeal Sends Strong Message about Mandatory Mediation Ontario Court of Appeal Upholds Decision to Deny Coverage for Tort of Intrusion upon Seclusion Claims - Case Comment: Demme v. HIROC Ontario Courts updating online infrastructures to accommodate COVID-19 needs for safety Ontario Is Making Roads Safer One Winter Tire At A Time Ontario Privacy Laws for Lawyer: Hot Topics in Privacy Law - 1 of 5 Open Court Principle Prevails - Case Study: Sherman Estate v Donovan Ottawa-Carleton Standard Condominium Corporation 687 v ING Novex (1) Overview of PIPEDA: Hot Topic in Privacy Law - 2 of 5 Part II: Litigating Oil Leak Claims: Trucking and Marine Accidents: Oils Spills and Liability for Environmental Remediation Passing the Buck: Payment of Productions in Personal Injury Litigation Case Comment: Endale v. Parker Passing the Buck: Risks Willingly Assumed and Liability Apportionment at Resorts Paying for the Future: An Analysis of Large Awards for Future Care Costs Perspectives on Privacy Pet Problems: Avenues for Landlords to Deal with Problem Pets PIPEDA and the Internal Complaints Process of Insurers and Banks Case Study: Decision from the Office of the Privacy Commissioner of Canada Pokémon Go: Augmented Reality is the New Reality for Liability Insurers Primer on Director and Officer Liability Insurance Priority dispute determined by financial dependency: Featured Case Study: TD Insurance and Intact Insurance Privacy and Employer-Issued Computers in the Workplace: A Review of R v Cole (2012 SCC 53) Privacy Law for AB Insurers Probationary Employees: Employers' Termination Rights and Restrictions Procedural Differences Between Civil Actions in British Columbia and Ontario Product Liability Claims against Ski Hill Operators: Defective Equipment or Participant Error? Product Liability Claims in Sports: The Decision in More v. Bauer Nike Hockey Inc. Product Liability in Canada 2010 Professional Liability and the Financial Advisor Proposed Changes to Ontario Accident Benefits, and Potential Impacts on Tort Claims Proposed changes to Ontario's Construction Lien Act - Update 2 Protecting Contractors is Paramount - Case Study: Urbancorp Cumberland 2 GP Inc. Protection for Settlement Negotiations Proving Causation Where the But for Test is Unworkable Psychotherapist Costs reviewed in a SAB case Public Sharing of Private and Personal Information and Videos: Cyberbullying and the Implications for Insurers Punitive Damages v Employee Contributory Negligence Case Comment: Eynon v. Simplicity Real and Substantial Connections and Beyond: Responding to Foreign Lawsuits and Challenging Jurisdiction Reasonable and Necessary: Defining the elusive test from the Statutory Accident Benefits Schedule Rebutting the Breathalyzer Presumptions Moving Beyond the Theoretical, Towards Concrete Evidence Recent commentaries on the deductibility of collateral benefits in income loss claims Recent Court Decisions: Kruger Products Limited v. First Choice Logistics Inc. et al. Recent Decision: Case Summary: Aweys and Intact Insurance Recent Decisions regarding the Admissibility of Surveillance in Accident Benefits and Tort Claims Recent Decisions: Mediations not occuring within '60 days' deemed to have failed Recent Developments in Loss Transfer Recent FSCO Appeal Decision: Belair Insurance Company Inc. and Lenworth Scarlett Recent Ontario Court of Appeal Decision: All Defence Costs are not Created Equally Recent Trends in Civil Litigation as a Result of COVID-19 Reckless driver solely at fault for single-vehicle accident despite poor road construction Recovery for Mental Injuries: Dispensing with the Requirement of Expert Evidence Reliable Footage: The Importance of Unedited Video and Investigator Testimony at Trial Repairing a vehicle is not an ordinary use to which vehicles are put Retroactivity, Retrospectivity & Immediate Applicability Revisiting Governmental Immunity in Negligence Claims - Case Study: Nelson (City of) v. Marchi Risk Management and Cannabis in Ontario What is going to be legalized and when? Risky Business: Managing the potential liability of high risk sports facilities: Waivers & Vicarious Liability SCC Narrows 'Faulty Design' Exclusion Secrets Between Children and Parents Are Litigation Records of a Children's Lawyer subject to Father's Freedom of Information Request? Security Breach Reporting Requirements under the PIPEDA starting November 2018 Seeing is Believing Self-Driving Cars: Taking the Wheel out of your Hands Self-proclaimed Self-employed Contractor Entitled to Income Replacement Benefits Calculated as an Employee Serial and Independent Concurrent Causes in Insurance Law Severe Head Injury Claims Sex, Lies & VideoTape: Where do Canadian's have a reasonable expectation of Privacy Show Me the Money? Only If You Can Show Me the Hazard! Silence is not golden when it comes to contracts - Case Study: C.M. Callow Inc. v. Zollinger Ski Resort Liability So you want to amend a pleading? Not so fast! Featured - Case Study: McConnell v. Fraser So You've Released a Defendant Municipality: Can you Still Have a Jury Trial? Social Host Liability - A Fresh Approach Some Diamonds are Not Forever: The Insurance Case of the $580,000 Stolen Ring Sometimes a Swimming Pool is just a Swimming Pool Spectator Liability in Canada: An Overview Spoliation 101 Sports Camp/Clinic Liability Sports Recreation & Sports Liability: Litigating Cases Involving Injuries to Minors Spreading Fires: Issues that Arise When Fires Originate at a Neighbour's House State Farm v. Old Republic Insurance, 2015 ONCA 699: Re: Heavy Commercial Vehicles Statute and Common Law: Reconciling PHIPA and the tort of Inclusion upon Seclusion Statutory Deductibles & Monetary Thresholds - Increased for MVA Claims Statutory Thresholds and Deductibles in reference to Tort Damages in MVAs Stipulated Remedy Clauses Strategic Lawsuits Against Public Participation - A "Win" for Freedom of Expression Featured Case Study: Lascaris v B'nai Brith, 2018 ONSC 3068 Strategies for Managing Claims related to Subjective Illnesses or Injuries in a Mediation Strategies for Proactively Advancing a Subrogated Claim Striking a Jury Notice – Not so fast! Striking jury notices during the COVID-19 Pandemic When is it more likely to happen? Subrogating Claims in the Construction Context: They Do Exist Subrogation and Assessment of Claims Subrogation: Recommendations for Early Investigation Summary Judgment Motions in MVA Cases: A Viable Option for Defendants Summary of changes to Reg. 194 under the Courts of Justice Act: Rules of Civil Procedure Superior Court Re-Affirms that Bus Drivers are Held to a Higher Standard of Care Supreme Court Reconsiders the Meaning of "Accident" Surveillance: Activities and Problems Szilvasy v Reliance Home Comfort Take control of public space and liability may follow: Case Comment - MacKay v Starbucks Taking A Dip Into Public Pool Liability: Municipal and Resort Related Liability Taxi Company Not Vicariously Liable When Employee Sexually Assaults Client Teenagers will be Teenagers: Did a Mother Give (Implied) Consent for Her Son to Possess and Operate Her Car? Termination / Dismissal Part 3 of 6 Termination Provisions and Employment Contracts: The New Order The Art of Due Diligence: Priority Disputes Among Insurers The Benefits of Employment Liability Practices Coverage: Civil Case Studies The Benefits of Employment Liability Practices Coverage: Human Rights Tribunal Cases The Best Defence is Sometimes Not the Best Offence: the Value of a Well-Drafted Waiver The Canadian Inter-Company Arbitration Agreement: How does it work? The Corporate Veil won't cover Personal Misrepresentations The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. The Court of Appeal's Take on Deductible & Prejudgment Interest in MVA Claims The Current State of the Law on Adverse Costs Insurance The Difficulties of Relying on the Minimum Maintenance Standards - Case Study: Lloyd v Bush The Divisional Court rules that all employment insurance benefits are deductible under the SABS The Doctrine of Discoverability and Accident Benefits Claims: Special Considerations following Tomec and Pafco The Dubious Status of Henson Trusts The Duty to Defend, Revisited The Effect of "After The Event" Insurance on the Litigation Process The Effect of a Settlement on a Subrogated Action The Fast & the Furious: Hard Drugs, Fast Cars & Untimely Death Case Study: Isaac Estate v Matuszynska The Florida Vote Count Decisions: A Canadian Perspective The Foreseeability of a Flying Bottle: A Case Study of Bucknol v. 2280882 Ontario Inc. The Future of Litigation and Autonomous Vehicles The impact of social media on hiring and firing decisions The Importance of Clear, Unequivocal Refusals Case Comment: Falcon and State Farm The Interpretation of Contracts: When Courts refuse to use Extrinsic Evidence The IPC clarifies when insurers may and may not collect Health Card numbers The Legal Implications of Concussions in North American Contact Sports The Mechanics of the Duty to Defend The Mechanics of The Duty to Defend, The Duty to Indemnify, And Additional Insureds The Minor Injury Guideline The Municipal Act: Minimum Maintenance Standards Revisited by the Ontario Court of Appeal The New (and Improved?) Rule 76 Simplified Procedure The Notional Equivalent of Being Struck by an Automobile: Tucci v. Pugliese The Oppression Remedy: Greater Risk of Personal Liability for Directors and Officers The Pendulum Swings towards Employer-Driven Mandatory Vaccination Policies The perils of failing to close a purchase and sale agreement - Case Study: Joo v. Tran The Personal Injury Bar's Worst Fear: Not Enough Evidence to Put Question to a Jury The Production of Cell Phone Records in the Age of Distracted Driving Expanding the Limits of Disclosure The Real NHL Hockey Wives: Cyberbullying, Norwich Orders, and Locker Room Soap Operas The requirement to provide "medical reasons" when denying treatment plans: a ticking time bomb? The Sharing Revolution – Accident Benefits Coverage For Uber Drivers & Passengers The Supreme Court of Canada keeps the onus on banks over innocent drawers for fraudulent bills of exchange The Supreme Court Rules on Faulty Workmanship Exclusions and Interpreting Standard Form Contracts The Test for Misfeasance of Public Office: Case Comment: Capital Solar Power v OPA The timing of mandatory mediations in Toronto has changed The Top 5 Tort Cases of the Preceding Year and Ever Increasing Damage Awards and the Future Care Case Law The United Airlines debacle in the context of Canadian tort law The Use of No-Fault Reports by a Tort Defendant The use of no-fault reports by a tort defendant: Beasley revisited, one year later The “Lullaby Standard of Care” for Tavern Owners Case Study: Linton v. Tholos Restaurant There is no automatic duty of care between a diocese and students harmed by priests Thin-Skull Claims: Recovery for Accident Neurosis Third-Party Litigation Funding in Canada Tick Tock, Tick Tock... The New Timing Rules for Expert Reports Tick Tock, Watch Your Clock: Estate Trustees are not Litigation Guardians under s.7 of the Limitations Act Tips for Pursuing a Claim Under the Provisions of the Sale of Goods Act To Warn or Not To Warn: An Explanation of the Duty to Warn and the Reasonable Foreseeability Analysis: Case Comment: Maxrelco (Immeubles) v Lumipro Inc. Tort Liability of a Manufacturer for Defective Components Tort of intrusion upon seclusion (Jones v Tsige): Hot Topics in Privacy Law - 3 of 5 Torts that Flow from a Wrongful Dismissal Claim - Part 5 of 6 Transportation Case Law Updates Treading on Thin Ice, Keeping Sidewalks Safe Tug-of-War Gone Wrong: Who is Liable when Participant's Arm is Amputated - Case Study: Bonello v. Gores Landing Marina Two deductibles applied when there are two accidents Uber Class Action Gets Green Light, Proceeds to Certification Uber Now Delivers Unidentified Motorists Claims in Ontario - An Overview Unpacking the Crate: A Carrier's Tools for Collecting Unpaid Freight Charges Unparalleled Production and Lessons for U.S. Litigants Seeking to Compel Discovery of Third-Parties in Ontario - Case Study: Activa TV Inc. v Matvil Corp Unraveling the Mystery of Priority Disputes Unrealistic Coverage: Insurer tripped up by loose policy language - Case Study: Surespan Structures Ltd. v Lloyds Underwriters Update from the Trenches: The Court of Appeal Denies the Availability of the Doctrine of Laches in Loss Transfer Disputes Update on Issues relating to Autonomous Vehicles: Recent Fatality & the Anticipated Challenges arising from the Accident UPDATE: Downer v. Personal Insurance UPDATE: Liability Waivers UPDATED VERSION - What are separated parents' rights when one of them refuses to vaccinate their child against COVID-19? Updates around Civil Matters in the Superior Court of Justice in the Central East Region Utilizing New Medical Technology in Today's Litigation Videotaping Defence Medical Examinations: An Overview of the Case Law Waive Goodbye to the Consumer Protection Act for those who are both Occupiers & Suppliers Waiver of Liability vs. Public Policy - Which Takes Precedence? Waivers Gain Additional "Armor" in the Defence of Personal Injury Litigation Watching the Watchers: Judicial Limitations on the use of surveillance evidence We're getting close! Reopening for business amid the ongoing COVID-19 pandemic What are separated parents' rights when one of them refuses to vaccinate their child against COVID-19? What Happens When You Tell Your Boss You Want to Retire... and then Change Your Mind? What is a Motor Vehicle and What Constitutes its use and Operation: An Investigation into Policy Applicability and Coverage What Landlords need to know about PIPEDA What Landlords need to know about Property Tax What To Consider When Choosing An Expert: Maxrelco Inc. V. Lumipro Inc. What will cause an automobile tort claim to flop? Case Comment: Nadarajah v. Aviva Canada What's in a Name? Upcoming Changes to the Definition of a Motor Vehicle: Road-Building Machines When all is said and done: Final Releases When Does 'Complete' mean 'Less than Everything'? When is a Commercial Owner Liable for a Fall on an Adjacent Sidewalk? When is income 'earned' and therefore deductible? Case Study: A.S. and Economical When it comes to the calculation of the attendant care benefits payable, the Form 1 remains king When the Love is Equal, but the Will is Not: Disinheriting Your Wealthy Son so the Poorer Son Could Catch Up When to say Enough? Marfo v. Ahmed: A restatement of the law regarding defence medical examinations Whether a psychological injury in conjunction with a physical injury can be considered catastrophic: Fourniev v. Coachman Which doctor's opinion counts on threshold issues? Case Study: Sanson v Paterson v Sanson v Security National Insurance Who is an insured person? Case Study: Hunt v. Peel Mutual Insurance Company, 2019 ONCA 656 Who Pays to Produce the Medical Records? Case Study: Trumble v Soomal Who's to Blame? Tips for Early Identification of Subrogation and Potentially Liable Parties Will the Cap on Attendant Care Benefits Have Retroactive Effect? Superior Court Says 'No' - Case Comment: Davis ats Wawanesa 2015 Winter Maintenance Contracts - Featured Case Study: Ruetz v Metro Canada World Cup of Violence: Are Soccer Clubs and Leagues Liable for "On Field" Fisticuffs? You got hacked: Limits on liability - A Case Study of Owsianik v. Equifax Canada Co, and Intrusion of Seclusion You got hacked: Limits on Liability - AN UPDATE: Case Study of Owsianik v. Equifax Canada Co, and Intrusion of Seclusion You're on Candid Camera! Legal requirements for having surveillance admitted into evidence at trial Your Reservation has changed... Airbnb Regulation in Toronto and Insurance Coverage Issues

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