Insurance
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March 22, 2024
Long-term disability benefits: What claimants in Ontario need to know
Long-term disability (LTD) insurance serves as a crucial financial safety net for individuals facing extended periods of inability to work due to injury or illness. It serves an important role in providing financial support beyond the expiration of short-term insurance policies.
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March 21, 2024
Does subject matter expertise matter? | Avril Hasselfield
The law is complex, with each area having its own nuances. It is in a client’s best interest to retain an experienced mediator to help them settle their disputes, but is it also necessary to have a mediator who is an expert in the subject matter being litigated?
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March 21, 2024
Understanding the scope of negligence claims in Ontario
Negligence claims and cases have been integral to Canada’s personal injury and tort law for decades. In fact, while “miscellaneous negligence” as a specific claim type makes up only 7.5 per cent of personal injury lawsuit types in Canada, negligence factors affect almost every type of case, from motor vehicle incidents to slip and fall accidents, and even medical malpractice. With such an enormous amount of the personal injury space being affected by negligence, it’s important to identify their scope in Ontario law specifically.
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March 21, 2024
Case for amending Nova Scotia’s Fatal Injuries Act | Sean Davidson
Nova Scotia has the most stringent limitation period for fatal injury claims in Canada. Among the 10 provinces and three territories, Nova Scotia and the Yukon are the only jurisdictions with a 12-month limitation period for fatal injury claims.
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March 21, 2024
Politicization of tribunal appointments worse than that of judicial appointments | Brian Cook
Recent moves by the current government to politicize the process of appointing judges have caused significant concern. The process for appointing adjudicators who sit on Ontario’s adjudicative tribunals is much worse. The government has been criticized for making political appointments to the committee responsible for making judicial appointment recommendations. There is no such committee, and virtually no other form of oversight for appointments to adjudicative tribunals.
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March 20, 2024
Scope of proposed B.C. health care cost recovery legislation ‘incessantly broad,’ legal expert says
The B.C. government has introduced legislation which says will give it the tools necessary to recover the costs associated with what it calls “health-care wrongs,” but some in the legal community are raising concerns that the proposals are overly broad and would significantly change established tort law.
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March 18, 2024
Rogers Partners adds associate
Rogers Partners LLP has announced that Cameron Allan has joined the firm as an associate.
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March 18, 2024
Appeal and judicial review of a tribunal decision | Sara Blake
The Supreme Court of Canada has breathed life into an Ontario statutory provision that has been mostly ignored since it came into effect in 1972. Section 2(1) of the Judicial Review Procedure Act, R.S.O. 1990, c. J.1 (JRPA), authorizes the Divisional Court to grant relief on judicial review “despite any right of appeal.” For 40 years, Ontario courts consistently overlooked this provision, instead preferring to exercise their discretion to deny a remedy on judicial review because it regards a right of appeal to the court as an adequate alternative remedy.
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March 18, 2024
Prairie court looks to no-fault auto regulations in worker’s ‘room and board’ case
Saskatchewan’s top court has “empowered” regulations governing the province’s no-fault auto insurance program in deciding the unique case of an injured fishing camp employee fighting to have the value of his room and board included with his income replacement benefits, says a lawyer.
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March 15, 2024
Supreme Court rules limited statutory rights of appeal do not preclude access to judicial review
In a 9-0 judgment supportive of litigants’ access to judicial review, the Supreme Court of Canada has ruled that a limited statutory right of appeal in a case does not preclude judicial review for matters not the subject of appeal, i.e. where there is an appeal right limited to questions of law, judicial review is available for questions of fact or mixed fact and law.