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  • Article

    Accident Benefits Changes

    Since 1990, Ontarians have had access to extensive Statutory Accident Benefits payable by their own motor vehicle insurers following a motor vehicle accident, regardless of fault.
    CanadaInsurance
    Lerners LLP
    Lerners LLP
  • Article

    Bill 194, Part II: Enhancing Digital Security And Trust Act, 2024

    Since the world was introduced to ChatGPT, privacy and data security experts have been calling for increased regulation regarding Artificial Intelligence (AI).
    CanadaInsurance
    Lerners LLP
    Lerners LLP
  • Article

    Crown Still Holds Trump – The Court of Appeal's Recent Comments on Notice Obligations

The Court of Appeal, in Daoust-Crochetiere v Ontario (Natural Resources), [2014 ONCA 776], considered the ten day notice period which is required to maintain a claim against the Crown pursuant to the Proceedings Against the Crown Act ("Act").
CanadaInsurance
Lerners LLP
Lerners LLP
  • Article

    Imposition Of Terms Of Attendance On Section 44 Assessment = Refusal To Attend

    Accident benefit insurers continue to be called upon to justify their entitlement to assessments under section 44 of the Schedule, notwithstanding the clear language of the section.
    CanadaInsurance
    Lerners LLP
    Lerners LLP
  • Article

    Insurance For Small Businesses: Prudent Management Of Risk

    As a litigation lawyer, I regularly see businesses facing serious financial exposures whether it be the result of a devastating fire loss, a significant errors and omissions claim, or as a victim of fraudulent activity by a trusted employee.
    CanadaInsurance
    Lerners LLP
    Lerners LLP
  • Article

    Getting Involved As A Law Student

    Law school is both challenging and fulfilling. Your performance matters, and there is a lot of pressure to achieve high grades. However, grades are not the only determining factor.
    CanadaLaw Department Performance
    Lerners LLP
    Lerners LLP
  • Article

    Are Canada's No Cost Class Action Jurisdictions Moving To A Pre-Certification Cost Regime?

    While Ontario continues its review of its Class Proceedings legislation, including its rules in respect to awarding costs, the case law in Canada’s so called "no cost" class action jurisdictions continues to develop.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Are Lifejackets Required By Law?

    As summer gets into full swing, Ontarians flock to our province's many beautiful lakes and waterways. Water safety ought to be top of mind during these activities.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Chew V Munoz: Failure To Follow Rule 53.03 Timelines Prevented Defence IME

    A recent decision, Chew v Munoz et al, 2016 ONSC 1511, highlights the importance of requiring defendants to schedule independent medical examinations (IME) so that the reports...
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Common Law And The Evolution Of Negligence Claims

    In every first-year torts course, new law students learn about the case that reshaped modern civil liability: Donoghue v Stevenson (1932). It is known as the "snail in the ginger beer" case...
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Cy Près Recipient Must Not Be Or Appear To Be Connected To Class Counsel

    In Sorenson v easyhome Ltd, 2013 ONSC 40172, the plaintiff brought a motion seeking approval of a settlement agreement and the class counsel’s fees.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    First Ontario Privacy Class Action Certified Against Employer Via Vicarious Liability

    In Evans v. Bank of Nova Scotia, 2014 ONSC 2135, Justice Smith certified a class action for, among other claims, the tort of inclusion upon seclusion, against both the Bank of Nova Scotia (the "Bank") and Richard Wilson.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Is The Game Of "Whack-A-Mole" Coming To An End?

    The existence of multiple overlapping national class actions in different jurisdictions was described by the Saskatchewan court in 2011 as a "multi-jurisdictional game of class action whack-a-mole".
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Law Firms vs. Referral Services

    After you've suffered a personal injury and you need to seek compensation, approaching a lawyer can feel intimidating.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Reflections Of Trauma-Informed Justice Training With Myrna McCallum

    Before the Law stands a doorkeeper. To this doorkeeper there comes a man from the country who begs for admittance to the Law. But the doorkeeper says that he cannot admit the man at the moment.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Reflections On Justice As Trauma

    A lawyer shares three profound insights from the Justice as Trauma conference in Vancouver, exploring how trauma-informed practices can transform legal proceedings and professional interactions.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Rule 21 Has Its Limitations For Determining Limitation Period Issues

    Even for a lay-person, the limitation period seems easy to understand on the surface. Section 4 of the Limitations Act, 2002, SO 2002, c 24, Sch B states in plain language that...
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Stratford Stands Strong In Court Of Appeal Decision On Side-Yard Squabbles

    The case of 2708959 Ontario Inc. v. City of Stratford, 2025 ONCA 512, is an important decision for Ontario municipalities dealing with encroachments — when a private building or structure extends onto municipal land, such as a road allowance.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Supreme Court Of Canada Clarifies Pierringer Agreements

    Pierringer Agreements have been around in Canada for some time now. They were originally developed in the United States to deal with some of the obstacles to settlement that were commonly seen in multi-party litigation.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Taking The Fight To The Ice: Ontario Court Of Appeal Allows Enforcement Action Against Canadian Subsidiary For Environmental Pollution In Ecuador

    Yaiguaje v Chevron Corporation, 2013 ONCA 758, the Ontario Court of Appeal held that Ontario has jurisdiction to recognize and enforce a foreign judgment against a Canadian subsidiary that was not a party to the foreign proceeding and where no foreign judgment has been made against it.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Showing 601–620 of 1218 results

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