litigation


  • Correcting Corrections

    Nov 20, 2017

    Law Times reports that Correctional Service Canada has been found to be negligent in the severe beating of an inmate. The ruling in Fontenelle v. Canada (Attorney General), 2017 ONSC 6604, comes after the attack on the inmate at Millhaven Institution, a maximum-security facility in Ontario.

  • Legal expenses insurance assists with access to justice

    Legal expenses insurance assists with access to justice

    Nov 13, 2017

    The legal profession should renew its focus on legal expenses insurance as the product slowly but steadily gains traction in Canada, says the former head of the Canadian Bar Association’s access to justice committee. John Sims headed the committee in late 2013 when the CBA announced its aim to have 75 per cent of middle-income Canadians covered by legal insurance by 2030.

  • Ontario court finds disability claim was time-barred

    Ontario court finds disability claim was time-barred

    Nov 13, 2017

    Ontario lawmakers should force insurers to notify claimants of the limitation period to challenge denials after the province’s appeal court ruled companies that fail to provide such a warning do not breach their duty of good faith to customers, according to a Kitchener, Ont. personal injury lawyer.

  • Insurer ordered to pay plaintiffs’ entire legal bill

    Insurer ordered to pay plaintiffs’ entire legal bill

    Nov 13, 2017

    A Toronto lawyer says insurers should factor in the risk of additional expenses when denying coverage after a judge awarded two plaintiffs full indemnity costs following their success in court.

  • OCA lifts roadblock for Chevron case

    OCA lifts roadblock for Chevron case

    Nov 13, 2017

    The Court of Appeal has set aside an order that could have ended a group of Ecuadorian plaintiffs’ attempts to enforce a US$9.5-million judgment against Chevron in Ontario. In October, a judge ordered the plaintiffs to post more than $900,000 as security for costs of the proceeding, as they had failed to show their claim had a good chance of success.

  • Expect more Charter challenges in benefit disputes

    Expect more Charter challenges in benefit disputes

    Nov 13, 2017

    The provincial attorney general’s failure to defend the constitutionality of its Minor Injury Guideline has helped open the floodgates to Charter challenges in accident benefit disputes, says a Toronto insurance lawyer.

  • Time for dedicated internet libel legislation

    Nov 13, 2017

    It is often said that you can’t fit a square peg in a round hole. However, it certainly hasn’t stopped the Ontario courts from giving it a try in attempting to apply Ontario’s antiquated Libel and Slander Act to defamatory publications on the internet.

  • Decision clarifies how limitations apply

    Decision clarifies how limitations apply

    Nov 6, 2017

    An Ontario judge has awarded a $1.5-million judgment to a plaintiff in a decision that lawyers say clarifies how the province’s statute of limitations applies to the Excise Tax Act. In National Money Mart v. 24 Gold Group Ltd, Superior Court Justice James Diamond granted a summary judgment motion to Money Mart, which was seeking the $1.5-million payment from 24 Gold Ltd. — a private precious metal refiner and dealer — for HST it had not paid when buying unrefined gold.

  • Expert testimony

    Nov 6, 2017

    Law Times has two stories this week that relate to expert testimony or expert witnesses. In one, the Ontario Divisional Court upheld the dismissal of a lawyer’s claim against a handwriting expert for defamation. In Deverett Law Offices v. Pitney, lawyer Michael Deverett’s firm brought a claim against a handwriting analyst who had done work for a former client.

  • Concerns voiced over new condo tribunal

    Concerns voiced over new condo tribunal

    Oct 23, 2017

    Lawyers are voicing concerns over the limited jurisdiction of the new tribunal being set up to handle condominium disputes when it opens its doors in November.

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