Disputing the Minor Injury Guideline as a standalone issue
The Minor Injury Guideline (the “MIG”) establishes a framework for the treatment of alleged minor injuries in a statutory accident benefits claim. Available medical and rehabilitation benefits for predominantly minor injuries is limited to $3,500.00. However, in certain situations, an accide…
View the post titled Disputing the Minor Injury Guideline as a standalone issueWhat is the effect of signing a waiver?
Many of us have had the experience of being presented with a waiver to sign before participating in a recreational activity. What is the effect of signing such a document? This issue was again recently considered in the case of Zaky v 2285771 Ontario Inc. cob Sky Zone Indoor Trampoline Park[…
View the post titled What is the effect of signing a waiver?Justice won’t wait – Ontario Court of Appeal finds against plaintiff who waited four years to bring a lawsuit
If you have been injured because of the actions of another, don’t sit and wait to see how things turn out. Our law limits the time you have to start a law suit. The Ontario Court of Appeal in Baig v. Mississauga, 2020 ONCA 697 recently reinforced what is now a well-established principle of l…
View the post titled Justice won’t wait – Ontario Court of Appeal finds against plaintiff who waited four years to bring a lawsuitHow Canada and the U.S. prohibit pyramid schemes differently
The U.S. and Canada prohibit product-based pyramid marketing schemes in different ways. This short article is intended to give multi-level marketing businesses a better understanding of the important legal asymmetries between the two countries. The Canadian Competition Act specifically def…
View the post titled How Canada and the U.S. prohibit pyramid schemes differentlyHow to trim eDiscovery costs part three: Leverage technology by adding tools and apps to your review
In my previous blog posts How to trim eDiscovery costs part one: Laying the groundwork, and How to trim eDiscovery costs part two: Review fewer documents and review efficiently, I discussed reducing eDiscovery costs by taking the time to set the stage before documents are exchanged, and by l…
View the post titled How to trim eDiscovery costs part three: Leverage technology by adding tools and apps to your reviewExcluded benefits – General exclusions under Ontario’s no-fault accident benefits regime
In Ontario, an individual injured as a result of a motor vehicle accident can claim from the automobile insurance company for various benefits under the Statutory Accident Benefits Schedule (the “SABS”). The purpose of the SABS is to allow an insured individual access to necessary treatment …
View the post titled Excluded benefits – General exclusions under Ontario’s no-fault accident benefits regimeNo protection for employers under the Supporting Ontario’s Recovery Act
On Friday, November 20, 2020, the Ontario government enacted the Supporting Ontario’s Recovery Act, 2020 (the “Act”). As discussed by my colleague Anna Stoll in COVID-19 and limiting liability, the Act retroactively limits civil liability for the transmission and/or contraction of COVID-19 i…
View the post titled No protection for employers under the Supporting Ontario’s Recovery ActConducting workplace investigations COVID-style
As the COVID-19 pandemic carries on in Canada, it is becoming apparent that virtual workplace investigations may be here to stay for longer than we anticipated and most likely permanently. For many workplace investigators, virtually investigating was a new way of doing things and with nearly…
View the post titled Conducting workplace investigations COVID-styleBritish Columbia Supreme Court rejects plan of arrangement for barring claims of historical shareholders
Overview In Re iAnthus Capital Holdings, Inc., 2020 BCSC 1442, Justice Gomery of the BCSC rejected a plan of arrangement due to the overly broad scope of release and injunction clauses which were found to bar claims of historical shareholders which preceded the plan. His Honour did not dismi…
View the post titled British Columbia Supreme Court rejects plan of arrangement for barring claims of historical shareholdersCourts reject “improvident” settlement in CHL class actions
Recent settlement approval decisions issued by the Ontario, Alberta and Quebec courts provide useful commentary on the appropriate scope of a release in a class action settlement. Class actions were commenced in Ontario, Alberta and Quebec concerning the employment status of major junior hoc…
View the post titled Courts reject “improvident” settlement in CHL class actionsReceive Blog Posts
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