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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

Vehicle defects leave drivers, passengers vulnerable

Global economic pressure to continuously compete and produce new vehicles has led to more auto defects and recalls, raising questions about whether drivers are adequately protected, says Ottawa personal injury lawyer David Hollingsworth.

http://www.advocatedaily.com/david-hollingsworth-vehicle-defects-leave-drivers-passengers-vulnerable.html

Disabled Worker Wins Discrimination Claim After He Was Denied Coverage for Medical Marijuana

In a decision issued on January 30, 2017, a Board of Inquiry of the Nova Scotia Human Rights Commission concluded that a union insurance fund had discriminated against a disabled claimant when it denied his claim for medical marijuana.

http://www.lexology.com/library/detail.aspx?g=b61f42bf-588e-49f8-9c2f-44238dc74cd0

KPMG and Tax Havens for the Rich : The Untouchables

A story of money, secrecy and greed:  a tax dodge for the wealthy dreamed up by one of the biggest accounting giants in the world

KPMG Canada devised what it called an  “Offshore Company Structure” for a select group of rich clients: they would claim to give away millions of dollars to a shell company supposedly out of their control and therefore wouldn’t have to pay taxes on it.

http://www.cbc.ca/fifth/episodes/2016-2017/kpmg-and-tax-havens-for-the-rich-the-untouchables

Wheel-Trans eligibility is changing – are you effected?

Wheel-Trans has changed their criteria concerning who is eligible for their services, and now people living with the effects of brain injury may be able to access the service based on their cognitive ability.

https://torontobraininjuryblog.com/2017/03/03/wheel-trans-eligibility-is-changing-are-you-effected/