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Who can be Present at an Examination for Discovery?

October 5, 2018 | Theodore J. Madison

MT Insurance Law Blog

Answering the question of who should be allowed to attend at an examination for discovery involves an exercise in balancing two competing interests: the interest of upholding the privacy of examinations as a pre-trial discovery process relevant to the parties’ […]

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Where a Plaintiff is Ordinarily Resident Outside of Ontario, Under What Circumstances will a Court Order Security for Costs?

August 7, 2018 | Teneil MacNeil

MT Insurance Law Blog

General Legal Principles Rule 56.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 provides that the Court, on motion by a defendant in a proceeding, may make an order for security for costs where it appears that the […]

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Implicit Waiver of Privilege

July 20, 2018 | Imran Ahmad, Katherine Barbacki

MT Cybersecurity Blog

Overview Solicitor-client privilege and litigation privilege are a fundamental component of our justice system. Solicitor-client privilege is intended to provide “full, free and frank communication between those who need legal advice and those who are best able to provide it,” […]

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Missing Pension Plan Members and Unclaimed Balances

June 27, 2018 | Kim Ozubko

A.M. Pension Blog

Missing or unlocatable pension plan members and unclaimed balances under registered pension plans are a significant challenge for plan administrators. On June 21, 2018, the Canadian Association of Pension Supervisory Authorities (“CAPSA”) published draft “Guideline #9: Searching for Un-locatable Members […]

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Clarifying the “Trilogy” and the Covenant to Insure: Royal Host GP Inc. v. 1842259 Ontario Ltd.

June 22, 2018 | Karen L. Weslowski

MT Insurance Law Blog

Introduction In Royal Host GP Inc. v. 1842259 Ontario Ltd., 2018 ONCA 467, the Ontario Court of Appeal reversed the motion judge’s decision, clarified what is known as the “Trilogy” and allowed a landlord to advance a subrogated action against […]

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Alberta: New Pension Rights for Common-law Spouses

June 14, 2018 | Kim Ozubko

A.M. Pension Blog

As a result of a recent decision of the Alberta Court of Queen’s Bench, common-law spouses in Alberta now (finally) have the right to divide pension benefits on relationship breakdown. In this blog post, we discuss the change in pension […]

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Impact of Social Media Evidence in Litigation

June 6, 2018 | Theodore J. Madison

MT Insurance Law Blog

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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The Not so Reasonable Cost of Medical Documents

April 10, 2018 | Ashleigh T. Leon

MT Insurance Law Blog

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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WAGG Motions – don’t forget the audio recordings

December 8, 2017 | James D. Bromiley

MT Insurance Law Blog

Wagg motions refer to motions for the production of police or Crown documents. They are referred to as Wagg motions because of the case of D.P. v. Wagg (“Wagg”), which sets out the process to be followed when seeking these […]

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Automatic Vicarious Liability of Owner Only Applies to Accidents on Highways

November 22, 2017 | Michael Prosia

MT Insurance Law Blog

One of the first lessons that any student of personal injury law learns is that an owner of a motor vehicle is vicariously liable for the negligence of the vehicle’s operator.  This vicarious liability is imposed by s. 192(2) of […]

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Displaying 131-140 of 199

Disclaimer

This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.