Author Archives: Admin4

Hot coffee scalds your client in a drive-through. Is that an auto “accident”?

Ontario auto insurance policies will have to cover a much wider scope of risk if the Supreme Court of Canada does not overturn a recent court ruling against Aviva Canada, Aviva’s lawyer argues.

https://www.canadianunderwriter.ca/insurance/hot-coffee-scalds-client-drive-auto-accident-1004127777/

Justice Brown says judges risk being displaced by arbitrators and algorithms

Lawyers and judges may soon find themselves replaced by technology if they don’t quickly adopt that very same technology.

https://www.thelawyersdaily.ca/articles/5863/justice-brown-says-judges-risk-being-displaced-by-arbitrators-and-algorithms?category=legal-innovation

Scrutiny needed on how jury rolls put together

The acquittal of Saskatchewan farmer Gerald Stanley earlier this month in the shooting death of Colten Boushie has sparked calls for changes to the jury selection process to ensure juries are more representative of the makeup of the local community.

http://www.lawtimesnews.com/author/shannon-kari/scrutiny-needed-on-how-jury-rolls-put-together-15374/

Therapy dog allowed in civil jury trial

A therapy dog was allowed in court to sit at the feet of the plaintiff while she testified in an Ontario Superior Court civil jury trial late last fall in what is believed to be a first in the province for this type of assistance in personal injury litigation.

http://www.lawtimesnews.com/author/shannon-kari/therapy-dog-allowed-in-civil-jury-trial-15313/?utm_term=Therapy%20dog%20allowed%20in%20civil%20jury%20trial&utm_campaign=CLNewswire_20180220&utm_content=email&utm_source=Act-On+Software&utm_medium=email

Don’t Delay on Claiming Rights to LTD Benefits – Even if You Have a Lawyer

A recent case raises an interesting issue:  For the purposes of suing an insurer for ceasing to pay disability benefits, does your right to sue start on the date those benefits are cut off, or only after the insurer definitively advises that your ongoing claim is being denied?

http://www.vandykelaw.ca/2018/02/dont-delay-claiming-rights-ltd-benefits-even-lawyer/

Only one of 80 Ontario doctors flagged by province to face disciplinary hearing over opioid prescriptions

Ontario’s medical regulator has decided to send just one physician to a formal disciplinary hearing after wrapping up investigations into more than 80 doctors who prescribed extremely high doses of opioids to their patients.

https://www.theglobeandmail.com/news/national/only-one-ontario-doctor-to-face-disciplinary-hearing-over-opioid-prescriptions/article38099471/

Consumer sends second letter to Ontario Civil Rules Committee – worth a read!

“When judges refuse to allow prior adverse judicial comments to be adduced as a means to challenge expert impartiality, they are conflating a judicial expectation of impartiality (in accordance with the Form 53) with a judicial presumption of impartiality. But as Master Short pointed out, without enforcement of the Form 53 promise such a presumption is unsafe. Taking for granted that long-time partisan experts will honour their Form 53 promise to be impartial is judicial folly of the worst sort.”
 

‘Bully’ bosses issue ‘swept under the carpet’ until junior government lawyer sent email

A junior lawyer’s decision to speak out — with an email copied to dozens of government lawyers — about an allegedly “abusive” boss at Ontario’s Ministry of the Attorney General caused Queen’s Park to finally take notice of historic problems that were later called a “festering” sore in a government report.

https://www.thestar.com/news/investigations/2018/02/22/bully-bosses-issue-swept-under-the-carpet-until-junior-government-lawyer-sent-email.html

Determination of Fault in Left Hand Turn Collisions

In our practice, we often see cases where both drivers involved in a collision thought they had the right of way. Often, such cases involve a situation where one driver is proceeding straight through an intersection and the other is attempting to make a left turn on a yellow (or amber) light. The driver proceeding straight believes they have the right of way. At the same time, the driver making the left turn believes that the driver going straight is required to stop and, so, they have the right of way to make their turn.

http://otlablog.com/determination-fault-left-hand-turn-collisions/

Inside Ontario’s Big, Bold Basic Income Experiment

Alana Baltzer bought her first new winter coat recently. She’s eating vegetables and fruit now instead of junk food. And, because she’s not worrying about money, she’s having fewer bipolar episodes. The money-stress triggers are gone. She’s also applied to college and is looking for work.

https://www.fastcompany.com/40532513/inside-ontarios-big-bold-basic-income-experiment