Insurance
-
April 03, 2024
Right of appeal: Why it may not preclude judicial review
Canadian courts have ample discretion to oversee a challenge to a tribunal decision through judicial review. In Ontario, this discretion is codified under the Judicial Review Procedure Act, R.S.O. 1990, c.J.1 (the JRPA).
-
March 28, 2024
Supreme Court of Canada rules Charter applies to First Nation government and its citizens
The Supreme Court of Canada has ruled 6-1 that the Charter applies to a First Nation government and its citizens in Yukon, as well as ruling 4-3 that the Charter’s s. 25 shields from a community member’s s. 15 equality rights challenge the self-governing Vuntut Gwitchin’s constitutional requirement that its elected leadership must live on the First Nation's traditional territory.
-
March 28, 2024
Encouraging news about employer positive approach to mental health issues | Courtney Mulqueen
Few of us are able to escape workplace stress, but a growing commitment by more employers toward a more preventative approach to mental health issues is a promising sign.
-
March 27, 2024
Lawyers concerned by Ontario’s plans to make some automobile insurance coverage optional
The Ontario government is saying auto insurance reforms outlined in its 2024 budget will give more choice to consumers, but legal observers are raising alarm bells that they could lead to people driving around without proper coverage.
-
March 22, 2024
Ottawa unveils proposed military justice reforms ‘in response to’ Fish and Arbour external reviews
The federal Liberal government has proposed long-awaited reforms to “modernize” the National Defence Act (NDA), including measures to bolster the independence of key military justice system actors.
-
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.
-
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?
-
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.
-
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.
-
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.