Good records key to liability defence

A recent decision shows the value of good record-keeping for businesses that use professional cleaners, says Toronto insurance defence lawyer Heather Vaughan. In the case, an Ontario Superior Court judge found the property managers of a department store liable for the injuries suffered by a customer under the province’s Occupiers’ Liability Act, ordering them to […]

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Liability coverage for negligent parent claims narrowed by appeal court

A recent Ontario Court of Appeal (OCA) decision helps clarify when insurance companies are liable in parental negligence cases, Toronto insurance defence lawyer Heather Vaughan tells Law Times. Vaughan, a partner with Benson Percival Brown LLP, says the decision is an important one. “This is a very significant case because it closes off another avenue

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Fatalities and injuries to vulnerable road users reach ‘crisis proportions’

The increasing number of injuries and fatalities to vulnerable road users has reached crisis proportions and requires a shift away from “car culture,” Ontario personal injury lawyer Patrick Brown tells the CBC. In an interview with Metro Morning, Brown tells host Matt Galloway a culture shift is needed to stop pedestrians and cyclists from being killed by vehicles. “Originally,

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Social media class-action breaks new ground: Waddell

A class-action lawsuit against a social media giant claiming age and gender discrimination in employment and housing applications by its advertisers is “forging new ground,” says Toronto class-action lawyer Margaret Waddell. A Montreal law firm has filed an application for the lawsuit against the company, alleging the social networking giant has allowed for discrimination by excluding specific people

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Court affirms notice period exceptions can be granted in rare cases

Even though the Ontario Court of Appeal recently reduced a senior employee’s termination notice entitlements to 24 months from 30 — despite what seemed like exceptional circumstances — that does not mean courts are unwilling to exceed the usual two-year soft cap in other cases, says Toronto civil litigator Stephen Moreau. “In my world of

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Case should serve as a warning to commercial hosts

Commercial hosts should be held to a higher standard than someone holding a party in their home when it comes to their liability for intoxicated guests, says Ontario personal injury lawyer Patrick Brown. Brown, a partner with McLeish Orlando LLP, is acting for a motor vehicle accident victim who is suing both the drunk driver who caused

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Proposed auto insurance changes for Ontario a good start

Proposed changes to regulations governing Ontario’s auto insurance are welcome, even though it’s not clear if they will be extensive enough, says insurance defence lawyer Heather Vaughan. “The goals of lowering costs, making the market more competitive, increasing choice and streamlining the process are really good objectives, but we will have to wait and see

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Appeal courts says LAT entitled to make awards in bad faith claims

A Court of Appeal decision has opened the door for accident victims who are poorly treated by their insurers to pursue bad faith claims at the Licence Appeal Tribunal (LAT), says Ontario personal injury lawyer Patrick Brown. Brown, partner with McLeish Orlando LLP, acted for the appellant in the matter, a 15-year-old girl who suffered serious injuries as

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Proving abuse or addiction in divorce can be ‘complicated’

Proving addiction or abuse in a divorce can be difficult without the right types of evidence, says Toronto family lawyer A. Julia P. Tremain. While it can be a simple matter to accuse someone of bad behaviour during a marriage, proving it in court can be quite another, says Tremain, a partner with Waddell Phillips

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