Author Archives: Admin4

Ontario Works and ODSP aren’t enough to live on, Toronto residents say

Maxine wants people who think the province’s ODSP benefits are enough to live three months in her shoes.

Those shoes were a gift from a friend. So was the jacket she wore as Maxine and others demonstrated outside a Weston-area office to argue Ontario Works and the Ontario Disability Support Program payments are too low.

http://www.insidetoronto.com/news-story/7167836-ontario-works-and-odsp-aren-t-enough-to-live-on-toronto-residents-say/?platform=hootsuite

Demolition of UK welfare state planned with corporate America

It has been obvious for a long time that the majority of the national press have colluded with the UK government to successfully manipulate the British public regarding the ongoing ‘welfare reforms’, which really means welfare destruction.

http://www.welfareweekly.com/demolition-of-uk-welfare-state-planned-with-corporate-america/

Why advances in treating those with brain injuries require advances in respecting their rights

Several years ago a father approached me, concerned about the care his son was receiving. The son had been in a car accident that left him with severe brain injury. He was placed in a nursing home, and his dad stopped by regularly to check in on him. The father feared his son was being ignored or, worse, left in pain or distress.

http://www.huffingtonpost.com/the-conversation-us/why-advances-in-treating_b_14476796.html?

Gilbert’s LLP v David Dixon Inc., 2017 ONSC 1345 (CanLII)

[6]               This case raises an important procedural issue respecting the avenues of recourse that are available to a lawyer for the purpose of pursuing a client for payment of his/her fees.  It involves a consideration of the Solicitors Act, and its various provisions that purport to address this issue.  As I will explain below, the issue arises from the outdated and impractical processes contemplated by the Solicitors Act for the collection of legal accounts, which have been compounded by the failure of the Ministry of the Attorney General to properly resource the assessment process, that is provided for in the Solicitors Act.  The problem is further compounded by the confusing and problematic language used in the Solicitors Act, that renders any coherent understanding of the objectives of that statute virtually impossible.  On that latter point, I note the following statement from the covering letter of the Ontario Law Reform Commission that enclosed its 1973 Report on the Solicitors Act.  The Commission said:

The Solicitors Act is based on English legislation and practice which in some respects is no longer suitable to the needs of current Ontario practice.  In many instances, the language used in the present statute is archaic and obscure, and has caused difficulty in interpretation.

Statutory Accident Benefits, The License Appeal Tribunal and Access to Justice

Our civil justice system is based on the fundamental principle that the process of adjudication must be fair and just. However this process is an illusion unless it is accessible to those whose rights have been violated. Accessibility involves a number of considerations including that the process must be affordable and proportionate.

http://lernerspersonalinjury.ca/blogs/statutory-accident-benefits/

OCA rules duty of care issue must go to trial

Lawyers say a recent Ontario Court of Appeal decision in a legal malpractice case serves as a reminder that the duty of care lawyers owe to their clients can extend past a limited-scope retainer.

http://www.lawtimesnews.com/201702275970/headline-news/oca-rules-duty-of-care-issue-must-go-to-trial

Ontario doctors push back against changes to discipline process

The association that represents Ontario’s doctors is fighting back against the government’s proposal to change the law around discipline for health professionals, which would see the health minister being granted a larger role in the process.

https://www.thestar.com/news/gta/2017/03/02/ontario-doctors-push-back-against-changes-to-discipline-process.html?google_editors_picks=true

Supreme Court of Canada will not hear appeal from accident victim who tried to sue municipality

A pedestrian who was hit by a car is not able to sue the City of Kitchener and the Regional Municipality of Waterloo, Ontario because the Ontario Limitations Act bars the plaintiff from adding the municipalities as defendants to an existing lawsuit.

http://www.canadianunderwriter.ca/insurance/supreme-court-canada-will-not-hear-appeal-accident-victim-tried-sue-municipality-1004109610/

‘Secret’ tools and traps to keep in mind in settlement negotiations

As a civil litigator now practising as a settlement counsel and mediator in Ontario, I discovered certain legal tools that are useful for promoting early dispute resolution. However, ignorance of these provisions may prove hazardous and turn the tools into traps. As these provisions are not well known, I think of them as “secret.” I am revealing just three to you, but there are many others.

http://www.canadianlawyermag.com/6359/Secret-tools-and-traps-to-keep-in-mind-in-settlement-negotiations.html

Ontario Court of Appeal upholds decision to reinstate disabled employee with 10 years back pay: Will human rights litigation ever be the same again?

I predict a recent Ontario Court of Appeal (the “OCA”) decision will have a significant impact on human rights litigation. In particular, I suspect disabled employees will start asking employers to find or create alternative positions for them if they cannot perform their job duties because of a disability, and terminated employees will start asking adjudicators to reinstate them with full back pay.

http://canliiconnects.org/en/commentaries/44952