Judgment could encourage LTD claimants to pursue their cases

/ Disability Law /

By Tony Poland, LegalMatters Staff • A long-term disability (LTD) case that saw a woman who suffered a stroke awarded $1.08 million in legal costs may well provide others with the impetus to seek justice in their insurance claims, says Ontario disability insurance lawyer Courtney Mulqueen. Earlier this year, the Superior Court of Ontario ordered Blue Cross Life […]

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Pedestrian/auto accidents spike after a return to Standard Time 

/ Personal Injury /

By Paul Russell, LegalMatters Staff • Many people welcome an extra hour of sleep when most of the province shifts back to Standard Time at 2 a.m. on Nov. 5. But they also need to be extra cautious when driving or walking in the days and weeks that follow, warns Ontario personal injury lawyer Joshua

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Tickets are going fast for the Billiards with the Bar fundraiser

/ Legal Services /

By Tony Poland, LegalMatters Staff • The Toronto Lawyers Association (TLA) invites members to dive in for a fun night of pool in support of the hunger relief efforts of The Law Society Foundation. “Billiards with the Bar is one of the most important fundraising events we help host every year on behalf of the foundation’s Toronto Lawyers Feed

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SafeRoads Alberta legislation deemed as being ‘unfair’

/ Criminal Law /

By LegalMatters Staff • When the Court of King’s Bench of Alberta heard the case of Smit v. Alberta Director of SafeRoads in July, the judge recommended changes to a portion of the SafeRoads Alberta Regulation. The case involved a woman who was appealing a Notice of Administrative Penalty (NAP) issued against her in 2021

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Cost award like a ‘bomb going off in the world of LTD litigation’

/ Personal Injury /

By Tony Poland, LegalMatters Staff • A long-term disability (LTD) insurance case involving a woman wrongfully denied benefits even though she suffered from a serious brain bleed was recently awarded almost $3 million in damages, past benefits and court costs and could be a “game changer for disability litigation” says Barrie-area litigator Steve Rastin.  In Baker v. Blue Cross, a jury ordered Blue Cross Life Insurance Company of

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Halloween is a time to celebrate but remember to stay safe

/ Personal Injury /

Halloween brings out the kid in just about all of us. Children across Canada, and many millions more throughout the world, wait eagerly for the night of Oct. 31 for the chance to show off their costumes and trick-or-treat. The tradition originated thousands of years ago when people would wear costumes and light bonfires to

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Understanding managers’ and supervisors’ right to overtime

/ Employment/Labour /

By Tony Poland, LegalMatters Staff • Managers and supervisors are typically not entitled to overtime pay under the Employment Standards Act, 2000 (ESA) “if the work they do is managerial or supervisory,” but there is more to the analysis than people realize, ​​says Toronto employment lawyer Ellen Low. “Just because somebody says you are a manager doesn’t necessarily mean that

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The right to a timely trial reinforced by court ruling

/ Criminal Law /

By LegalMatters Staff • Charges were recently stayed against a member of the Canadian military who was accused of sexually assaulting a female corporal. The court ruled that the man’s right to a timely trial had been violated, as set out in the Jordan decision. That 2016 Supreme Court of Canada (SCC) ruling states that

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Clogged court system in Alberta lamented by Chief Justice

/ Criminal Law /

By LegalMatters Staff • The lack of timely trials in Alberta was recently addressed by Canada’s top judge. “In Alberta, 22 per cent of criminal cases exceeded the 30-month delay set out in the [Jordan Decision] and 91 per cent of those cases involve serious and violent crimes,”  Chief Justice Richard Wagner said in June,

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