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SCC takes 'practical approach' to interpreting standard form contracts

Toronto litigator Isabelle Eckler says a recent Supreme Court of Canada decision regarding an exclusion clause in a standard form contract took a very practical approach that ... Read more

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Compelling new technologies 'invite' distracted driving

With the constant arrival of new consumer technologies, it is becoming more and more difficult for Canadians to resist the temptation to play with their smartwatch ... Read more

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Insurance dispute headed to the British Columbia Court of Appeal

Vancouver insurance and personal injury lawyer Sean Lerner says a case heading to the British Columbia Court of Appeal (BCCA) in the new year could have big implications ... Read more

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OCA decision will have little impact on insurers' E&O coverage

Toronto litigator Natalie Leon says a recent Court of Appeal case, which dealt with the professional liability insurance coverage of an engineer, is limited in its scope and ... Read more

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Homeowner’s insurance in Ontario explained

By Michael Lesage At the most basic level, a homeowner’s insurance policy is intended to protect an insured homeowner against unexpected loss. However, as anyone who ... Read more

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Sean Lerner's broad insurance experience a boon for clients

Vancouver insurance and personal injury lawyer Sean Lerner is ideally suited to assist policyholders who are having trouble dealing with their insurance companies after a loss ... Read more

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Limitations extended where dentist denied fault, continued work

By Michael Lesage In  Chelli-Greco v. Rizk , 2016 ONCA 489, the Court of Appeal upheld a judge’s ruling that Cheli-Greco’s claim was not discovered until ... Read more

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Online evidence only a snapshot in personal injury dispute

Although the surveillance methods used in personal injury cases have become more high-tech in recent years, the type of evidence investigators are seeking about plaintiffs ... Read more

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Natalie Leon revels in unique files, collegial environment

For Toronto civil litigator Natalie Leon , what has driven her practice at the same firm for more than two decades is the variety of files and her passionate and ... Read more

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Continued medical treatment triggers discoverability principle

By Michael Lesage In a significant decision, the Court of Appeal held that the limitations period was tolled (or that the discoverability principle applied) where a patient ... Read more

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Lesson to be learned in limitations malpractice

An Ontario Court of Appeal decision which allows a Toronto couple’s case against their former lawyer to proceed for failing to file an injury claim within the time limit is ... Read more

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$1.3 million reasons not to trust an insurance denial

By Michael Lesage When D.C. required an expensive drug (Soliris – costing around $25,000 per month) she turned to her group benefits carrier, Industrial Alliance (IA) ... Read more

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Interest in referral agreements likely unaffected by ruling

A recent ruling that found that a law firm was not vicariously liable for the alleged actions of an affiliated counsel is important, considering the popularity of ... Read more

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Judgment obtained after having defendant’s defences struck

By Michael Lesage Recently, I was successful in obtaining default judgment for my client after having the defendant’s defences stricken. In commercial litigation that ... Read more

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NB doctors may seek new liability coverage after CMPA ruling

New Brunswick doctors may be looking for a new liability insurer after a judge ruled the Canadian Medical Protective Association (CMPA) is not an insurer under provincial ... Read more

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BIID could raise LTD coverage questions

Although insurers have not likely considered unusual mental health conditions such as Body Integrity Identity Disorder (BIID) when drafting exclusions from coverage, the actions ... Read more

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OCA: coverage not forfeited by technical non-compliance

A recent Court of Appeal decision reaffirms an important principle in insurance law — insurers may not declare insurance coverage forfeit based on a policy holder's ... Read more

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Title insurer ordered to provide coverage

By Michael Lesage When buying a property, it is often a good idea to purchase title insurance, for protection against unknown risks or problems. This was aptly illustrated in ... Read more

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OCA tasks title insurer with coverage over structural damage

A recent Ontario Court of Appeal decision ordering a title insurance company to cover the claim of a Toronto couple when their house was declared unsafe is based on sound ... Read more

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Eat, drink and be merry: a refresher on host liability

By Michael Lesage With the holidays fast approaching, many people are planning to invite family and friends over to indulge in festive food and drinks. At a number of such ... Read more

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