Insurance
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April 18, 2024
Know the rule in Browne v. Dunn or risk losing your jury
A recent decision of Justice Annette Casullo should be a reminder to trial lawyers at all levels of the importance of knowing the rule in Browne v. Dunn, [1893] J.C.J. No. 5, and making sure it is followed. A failure to follow the rule could result in the jury being struck.
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April 17, 2024
Digital solutions through an Indigenous lens | Lawrence Lewis
In a world where digital transformation shapes every aspect of our lives, the narrative of technological advancement often overlooks the diverse needs and voices of Indigenous communities. But creating digital solutions through an Indigenous lens — combining traditional values through innovative pathways — gives rise to progressive structures that honour cultural significance.
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April 16, 2024
Legal aid funding, auto theft crack down and redistribution of judgeships feature in federal budget
Funding for legal aid to reduce court delays; redistributing “unused” Alberta unified family court posts to other superior courts; and creating new offences and harsher penalties for auto theft are among dozens of justice-related measures proposed in the latest federal budget, which the minority Liberal government says aims to enhance the affordability of shelter, groceries, internet and other necessities for Canadians.
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April 11, 2024
Ottawa unveils affordability measures to aid ‘first-time’ homebuyers, mortgage-strapped owners
The Trudeau government is proposing measures aimed at assisting “first-time” buyers to save for a home as well as helping cash-strapped owners hang on to their mortgaged homes.
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April 11, 2024
B.C. introduces legislation on legal profession reform; law society, bar association opposed
The B.C. government has unveiled long-promised legislation to bring lawyers, paralegals and notaries under the umbrella of one regulator. But the provincial law society and bar association have both come out swinging against the proposals, saying they would erode the independence of the legal profession.
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April 10, 2024
Ontario Court of Appeal rejects insurer’s motion to withdraw appeal abandonment
The Ontario Court of Appeal has declined to grant Aviva Canada leave to withdraw its notice of abandonment of an appeal, finding that the insurer had deliberately abandoned the relevant appeal.
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April 08, 2024
Appeal Court deems universal life insurance policy is not income from property
In a decision expected by tax pundits to set a precedent, the Quebec taxman partially lost a legal battle after the Court of Appeal held that coverage provided by a universal life insurance policy does not constitute income from property even though it is a benefit for the insured taxpayer.
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April 04, 2024
Federal Court and Federal Court of Appeal float ideas for reforming their rules, seek bar’s input
The Federal Court and Federal Court of Appeal are working on updating their rules and seeking the bar’s views on dozens of reform ideas, such as modifying the test for certifying national class actions; green-lighting non-lawyers to represent litigants if “the interests of justice so require”; and boosting the $100,000 cap on claims for matters that proceed as simplified actions.
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April 04, 2024
Appeal court decision has important implications for Ontario motoring public, lawyer says
Ontario’s top court has overruled a finding by a lower court judge that said a woman who lost her common-law spouse in a motorcycle accident needed to exhaust coverage under her primary auto policy before recovering funds under an additional policy.
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April 03, 2024
B.C. makes speed-limiter devices for commercial trucks mandatory April 5
The B.C. government has announced that the mandatory use of speed-limiter devices for heavy commercial vehicles will come into effect April 5.