Articles 2021

Who should be responsible for paying for productions prior to examinations for discovery in personal injury matters? It is my position that the onus of proof remains with the Plaintiff and that, therefore, they should be producing documentation to substantiate the claims advanced in the Statement of Claim. Why should the Defendant pay for productions to assist the Plaintiff’s claim? In the decision of Rheaume v. Foster, we received some more clarity on this issue.

The Ontario Bar Association’s Neutral Diversity Committee has crafted a survey to collect information about OBA member experiences and views in relation to mediator and arbitrator diversity. OBA members engaged in litigation, mediation and arbitration are invited to share their views.

The significant lengthening of civil proceedings has naturally led to an extraordinary increase in legal costs associated with these cases. Our law respecting Offers to Settle is designed to make the loser pay the winner’s legal fees. This creates significant risk in almost every personal injury case. Because of the increased expense of trials, settlement at private mediation must almost always be considered.

It’s not a matter of if, but when. Technology continues to develop in ways that are both amazing and alarming and allow us to connect in ways we would have previously considered unimaginable. With increased technological advancement and reliance, however, comes increased opportunities for hackers to exploit vulnerabilities and access hoards of sensitive personal and corporate data, which means increased cyber risks for more and more organizations.

Many businesses across a range of industries have suffered significant financial loss caused by COVID-19. This article explores potential insurance coverage to help offset the losses caused by COVID-19. Business interruption insurance and event cancellation insurance are specifically addressed, and practical tips are provided to help maximize potential insurance coverage.

Insurers should be aware of the recent costs decision in Przyk v. Hamilton Retirement Group Ltd. This case sets an adverse precedent to insurers that employ strict policies against paying out modest claims, categorized as defensible, prior to trial. Even if the insurer succeeds at trial on the merits, the court may award no costs to that insurer.

This article gives an overview of the CPD program conducted by the Insurance Law Section in 2018 which was well received and is returning on November 22, 2019. This program contains a total of 3 hours of Professionalism content and it qualifies for LAWPRO Risk Management Credit.