ArticleLerners Personal Injury Lawyers Succeed in Divisional Court Catastrophic Impairment CaseLast week, the Divisional Court released its decision in Security National v. Hodges, 2014 ONSC 3627.CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleLetters RogatoryCounsel may discover that vital documents or a key witness are beyond the jurisdiction of the court in which the case is pending and that they cannot be procured or summonsed in the usual manner.CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleNew Case Shows Challenge Of Litigating Prison AssaultsIn a recent interview with Law Times, Gillian Hnatiw discusses how the recent case, Melvin v. Ontario, provides an important lesson for lawyers who have considered taking on a case against the Crown. CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleOntario Government’s Bill 171 Threatens Access To Justice For Personal Injury PlaintiffsIn March of this year, the Ontario Minister of Finance Charles Sousa introduced Bill 171: Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014. CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleProposed Changes To Catastrophic Impairment Definition - A TimelineWinter 2010/11 - The Superintendent of the Financial Services Commission of Ontario (FSCO), on his own initiative struck a committee made up of hand-picked medical experts.CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleSafe Cycling & Injury PreventionA bicycle is a vehicle under the Ontario Highway Traffic Act (HTA). This means that a cyclist has the same rights and responsibilities to obey all traffic laws as other road users.CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleSuccessful Class Action Trial In Northern Territories Regarding Cellular Charges For 911 Emergency Service FeeIn the Northwest Territories, Yukon and Nunavut, cellular service agreements between Bell Mobility and its customers provided that all monthly service charges included a 911 emergency service fee. CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleSummer Guests And Legal LiabilitySummer fun often means backyard barbecues, friends gathering around a firepit, or a relaxing week at a rented cottage. While these moments create lasting memories...CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleThe Risk Of Self-Incrimination In Cross-Border Disputes: Hollinger Case Study – Part IThe numerous proceedings involving the former officers and directors of the United States (U.S.) and Canadian Hollinger-related corporations offer a recent high-profile example of the risks to the privilege against self-incrimination arising from cross-border parallel proceedingsCanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleThe Steps To Supporting A Personal Injury CaseAfter a serious personal injury, you may find yourself as a Plaintiff in a lawsuit to obtain the compensation you need. CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleWhat Are Some Agreement Related Issues?Whenever an agreement is signed, careful attention must be focused on whether the contract or agreement in question properly addresses the issues facing the parties.CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleCan You Construction Lien An Airport?Government infrastructure projects are a large source of work for the construction industry. However, the lien rights of contractors and subcontractors are often varied or altered with respect to work performed on government lands.CanadaReal Estate and ConstructionLerners LLP
ArticleRegistration Of Condominium LiensAs discussed in my blog, Introduction to Condominiums, the term "condominium" refers to a system of ownership where a unit is owned separately by the individual who purchases it, ..CanadaReal Estate and ConstructionLerners LLP
ArticleThe Principles Underlying The Partition ActThe Partition Act allows any person who has an interest in land situated in Ontario to bring an action or application to the court to have that land partitioned or sold under the courts direction. CanadaReal Estate and ConstructionLerners LLP
ArticleCross-Border Car Accidents: What Ontarians Need To Know If Injured In The U.S.For many Ontarians, a trip across the border into the United States is a regular part of life. Growing up most of my life in Windsor, Ontario, one of the busiest border...GlobalLitigation, Mediation & ArbitrationLerners LLP
ArticleCelebrating In Style: Big Brothers Big Sisters Of London And AreaFor those of you who are not familiar with BBBSOLA and what they do for our community, I urge you to visit their website. United KingdomStrategyLerners LLP
ArticleSupreme Court Of Canada Establishes Test For Leave To Commence Action For Breach Of Secondary Market Disclosure Obligations Under Securities LegislationThe Supreme Court of Canada decision in Theratechnologies Inc. v 121851 Canada Inc., 2015 SCC 18, considers the leave requirement that a plaintiff shareholder must meet in order to advance a statutory cause of action for damages against a reporting issuer for breaches of the continuous disclosure obligations in the secondary market. CanadaCorporate/Commercial LawLerners LLP
ArticleIs A Prenuptial Agreement Right For You?Contrary to popular opinion, prenups are not just for the rich. While prenups are often used to protect the assets of wealthy people, more and more couples of modest means are opting to have one of these agreements...CanadaFamily and MatrimonialLerners LLP
ArticleEvidence Compellable Even When No Assurances As To Use Are ObtainedCanadian courts have consistently held that individuals should expect to be governed by the laws of the state(s) in which they live or conduct business - it is the individual's decision to operate in another country that subjects him or her to the application of foreign law.CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleExpanding Amicus Services In Civil LawsuitsI was recently interviewed by Law Times regarding Pro Bono Law Ontario’s (PBLO) focus on expanding its amicus curiae services in civil lawsuits.CanadaLitigation, Mediation & ArbitrationLerners LLP