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  • Article

    Accidents Outside Ontario - Where Do You Still Qualify For Accident Benefits?

    The Financial Services Commission of Ontario ('FSCO") decision by Arbitrator Osundi in Jama and Aviva Canada Inc. (FSCO A13-004308) ("Jama") is the most recent decision considering the territorial limits of the Statutory Accident Benefits Schedule ("SABS").
    CanadaInsurance
    Lerners LLP
    Lerners LLP
  • Article

    Cyber Liability Blog #5: The Importance of Cyber Liability Insurance

    In 2012, small and medium sized businesses (businesses with fewer than 500 employees) employed 10 million people, which represent nearly 90% of all employees in Canada.
    CanadaInsurance
    Lerners LLP
    Lerners LLP
Article

Nature Of Consent And Timing Of A Breach Matters: Owner Of Motor Vehicle Granted Coverage As Breach Of Statutory Condition Did Not Occur At Time Of Accident – Pridmore v Drenth, 2023 ONCA 606

It is a common occurrence that parents will give their children consent to drive their vehicles and/or include them as listed drivers under motor vehicle insurance policies.
CanadaInsurance
Lerners LLP
Lerners LLP
  • Article

    Notice Requirements – Do Insurers Need To Ensure The Notice Of Cancellation is Received?

    The Court recently considered the Insurer’s requirements in cancelling an insurance policy. In Singh v Sangha [2014 ONSC 5147], the Insurer brought a summary judgment motion on the basis that it terminated the Plaintiff’s motor vehicle insurance policy prior to the accident.
    CanadaInsurance
    Lerners LLP
    Lerners LLP
  • Article

    "Trust" It or Lose it: Future Collateral Benefits In Motor Vehicle Accident Jury Trials

    A staple of every well written Statement of Defence includes the plea for entitlement to the benefits of all insurances provided pursuant to section 267 of the Insurance Act. Where a Plaintiff receives payments for collateral benefits after the trial of an action, those sums are to be held in trust, and paid, to the persons from whom damages were recovered in the action.
    CanadaInsurance
    Lerners LLP
    Lerners LLP
  • Article

    "Appropriate" Dispute Resolution

    We've all heard of ADR or "Alternative Dispute Resolution". I'm proposing we re-consider the use of the word "alternative" regarding dispute resolution.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Arbitration Agreement?…What Arbitration Agreement?: ONCA Addresses Stays Of Proceedings Where The Existence Of An Arbitration Agreement Is Contested

    When parties enter into a commercial contractual relationship, they are free to agree to resolve any disputes arising from the contract through out-of-court dispute resolution processes such as arbitration.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Auditors’ Liability To Third Parties: In Pari Delicto – Part II

    The application of the in pari delicto defence in the United States is subject to significant jurisdictional variability.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Changing Child Support – What Was Contemplated?

    In Licata v Shure, the Court of Appeal for Onario clarified the issue of material change in circumstances as it relates to child support orders made on consent.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Expert Advice Series: Consultation And Collaboration Between Counsel And Expert Witnesses. Where To Draw The Line

    In 2015, the Ontario Court of Appeal confirmed in Moore v Getahun that it is appropriate and essential for counsel to consult and collaborate with expert witnesses in preparing expert reports.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    How Are Health Records Used In A Lawsuit?

    If you suffer from an injury or disability, you will likely receive care from one or more health care practitioners. You will probably be aware that a health care practitioner typically makes records each time you see him or her.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Long-Term Disability Basics – Know Your Rights

    While cases, where you are disabled for only a few weeks, are covered by short-term disability, if an injury causes debilitation that lasts months – or even years – your coverage shifts to long-term disability.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    ONCA Confirms Test For Opt-Out Period Extension In Class Actions

    In Johnson v Ontario, 2022 ONCA 725, the Court of Appeal for Ontario confirmed the test governing the court's discretion to extend the time to opt out of a class action.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    ONCA Rules: The Ship Has Sailed For Tall Ships

    The parties selected an arbitrator to deal with a number of issues arising out of the project with a number of interrelated contracts and agreements.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Open Bidding For Cy-Près Awards?

    It has been suggested by some that Justice Perell’s recent decision in Carom v. Bre-X Minerals Ltd., 2014 ONSC 2507 ("Bre-X")[1], opens the floodgates to a competitive bidding process for cy-près awards before the Court ..
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Order Up! Court Of Appeal Clarifies The Final vs. Interlocutory Conundrum

    The Court of Appeal for Ontario has provided much-needed guidance on the issue of differentiating between a final and interlocutory order in the context of summary judgments.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Restrictive Covenants In Dental Practice Sales: A Practical Analysis Of Dr. C. Sims Dentistry Professional Corporation v. Cooke

    The Ontario Court of Appeal's recent decision in Dr. C. Sims Dentistry Professional Corporation v. Cooke, 2024 ONCA 388 provides critical guidance for dentists contemplating buying or selling a practice and the lawyers...
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Settlement Regret And Disputes: The Risks Of Settling Too Soon

    Settlements have many benefits. More cases settle than go to trial for many reasons. However, there are risks, including the risk that a dispute arises about the settlement...
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    The Court Of Appeal For Ontario Dismisses Defamation Claim Over Workplace Investigation Report

    In its recent decision in Safavi-Naini v. Rubin Thomlinson LLP, 2023 ONCA 86, the Court of Appeal for Ontario unanimously upheld the dismissal of a defamation claim
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    The Evolution Of Vicarious Liability In Sexual Abuse Cases

    In Canada, the legal doctrine of vicarious liability can be used to hold organizations liable for the wrongful conduct of their employees, agents and volunteers.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Showing 661–680 of 1219 results

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