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Impact of Social Media Evidence in Litigation
It is undeniable that social media has transformed the way individuals interact with one another. In 2018, 64% of Canadians had a social media profile, 50% of whom were registered on more than one social media site.[1] Ontario has the...
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No Enforceable Settlement: Civil Fraud at Pretrial Results in Costs Award of $100,000 Payable to the Defendant
The underlying facts of Paulus v Fleury[1] are unremarkable. The parties were involved in a motor vehicle collision which occurred on November 10, 2008. The plaintiffs said that it was a straightforward rear-end collision for which the defendant was entirely...
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Causation in Historical Sexual Abuse Cases
The concept of causation is difficult to grasp at the best of times, as much ink has been spilled over the years since the decision of Athey v Leonati[1] in which the court applied the “material contribution” test. Eleven years...
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Medical Marijuana Loses its Appeal – The Skinny on Skinner Part 1
In earlier blogs, we have discussed the curious case of Wayne Skinner and his quest for medical marijuana funding under his union’s insurance plan. As you may recall, Mr. Skinner had been injured in an automobile accident in the course...
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The Not so Reasonable Cost of Medical Documents
One of the biggest pet peeves I have working in this industry is receiving, in my opinion, ludicrous requests from practitioners relating to the cost of obtaining medical records in their custody. For example, just the other day I received a...
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Other Automobile Insurance Policies May Respond Before Umbrella Policies
The Ontario Court of Appeal has recently determined the priority of insurance policies when insurers structure their policies to include low limits on a primary policy and larger limits on an umbrella liability policy. In Benson v. Walt,[1] Paul Robert...
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Lack of Consent = No SEF No. 44 Coverage
In the recent case of Cardinal v. Alberta Motor Association Insurance Company, 2018 ABCA 69 (CanLII), the Alberta Court of Appeal overruled the lower court, determining that an injured passenger was not covered under an SEF No. 44 Family Protection...
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Insurance Coverage for Natural Disasters
Canada's Equine Guide 2018, p. 20-24
In recent years, many parts of Canada have been devastated by natural disasters, including forest fires, ice storms, and floods. These disasters have impacted the equine community by causing loss and damage to barns, fencing, pastures, feed supplies and livestock,...
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Threshold Motion Dismissed in “Thin Skull” Case
The plaintiff, aged 54, was involved in a motor vehicle accident as a passenger. The vehicle was rear-ended and the collision was of moderate impact. The plaintiff’s back and neck pain evolved into chronic pain. The plaintiff had a pre-accident...
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New Developments in Adverse Cost Insurance
Many insurers and defence counsel are now aware of the growing use of adverse cost insurance, also known as “after-the-event” insurance (“ATE insurance”), in personal injury litigation. This insurance is typically a policy purchased by a plaintiff in a lawsuit...
