Discoverability in Long-Term Disability Lawsuits: A Case Comment on Usanovic v. La Capitale Life Insurance Company
The recent Ontario Superior Court of Justice decision in Usanovic v. La Capitale Life Insurance Company clarifies the issue of discoverability in long-term disability claims. In this case, the plaintiff was injured in September 2007. The disability insurer paid benefits for a number of years. In January 2012, counsel for the defendant wrote the plaintiff...
Continue reading the post titled Discoverability in Long-Term Disability Lawsuits: A Case Comment on Usanovic v. La Capitale Life Insurance CompanyCan employers require COVID-19 vaccinations?
COVID-19 may have brought Canadians together in many ways, but a number of issues surrounding the pandemic have proven to be divisive on some level. Masking policies, stay at home orders, the forced shut down of many businesses, government compensation schemes or the lack thereof, testing rates, and delays have brought on many a heated...
Continue reading the post titled Can employers require COVID-19 vaccinations?When should I hire a third-party investigator?
You’ve received a harassment complaint by one of your employees and you think, who is going to investigate this? You might feel ill-equipped to deal with the process, perhaps you indirectly report to the respondent, you may have a desk full of urgent work and you cannot clear your schedule to complete the investigation or...
Continue reading the post titled When should I hire a third-party investigator?Whittling Down Our Testamentary Freedom
Testamentary freedom – the principle that a person of sound mind is free to leave his or her estate to whomever they like, for whatever reason, and without explanation– is a deeply entrenched notion in Canadian common law and society. However, as those of us in the estates and trust field know quite well, testamentary freedom...
Continue reading the post titled Whittling Down Our Testamentary FreedomIDEA: Inclusion, Diversity, Equity, Accessibility
Siskinds’ IDEA Plan and Principles IDEA Vision Statement Leading by example with an inclusive, diverse, equitable, and accessible workplace that values humility, compassion and cultural intelligence, and reflects and supports the communities we serve. IDEA Mission Statement Our Firm At Siskinds, inclusion, diversity, equity, and accessibility (IDEA) are core values, and central to our vision...
Continue reading the post titled IDEA: Inclusion, Diversity, Equity, AccessibilitySome good news for a change
Terrible environmental news comes to my inbox every day. In honour of the week of Earth Day, let’s have a little good news instead. On the future of our desperately imperilled oceans: 1. In 2010, more than 800 of the world’s single-hulled oil tankers will finally be scrapped, 20 years after the Exxon Valdez catastrophe. ...
Continue reading the post titled Some good news for a changeArthritis medication Xeljanz linked to risk of heart attack and cancer
Pfizer’s Xeljanz and Xeljanz XR (tofacitinib), a popular drug used to treat rheumatoid arthritis, psoriatic arthritis, and ulcerative colitis, has been linked to an increased risk of serious heart problems, cancer, and death, especially in older patients – the largest demographic among Xeljanz users. A large clinical trial showed a higher rate of serious heart-related...
Continue reading the post titled Arthritis medication Xeljanz linked to risk of heart attack and cancerEnvironmental Assessment not statutory authority?
An environmental assessment, no matter how “extensive and wide ranging”, does not amount to statutory authority, or provide a defence in nuisance, according to the British Columbia Court of Appeal in Appeal in Heyes v. Vancouver, now Susan Heyes Inc. (Hazel & Co.) v. South Coast B.C. Transportation Authority.
Continue reading the post titled Environmental Assessment not statutory authority?Why Failing to Immediately Disclose a Litigation Agreement in Multi-Party Litigation is Dangerous and Costly
Summary Litigation agreements in multi-party litigation are required to be immediately disclosed to the other parties in the litigation (“Other Parties”). A litigation agreement is broadly defined as an agreement that has the effect of changing the adversarial position of the parties set out in their pleadings into a co-operative one.[1] Failure to immediately disclose...
Continue reading the post titled Why Failing to Immediately Disclose a Litigation Agreement in Multi-Party Litigation is Dangerous and CostlyCould Siri be an inventor?
You’ve probably asked Siri lots of questions, like “what’s the weather outside?” or “how long do you cook a soft-boiled egg?” But what if Siri was a little more sophisticated? What if you could ask Siri to design something or to improve a process? Imagine you were working on something, say an engine, and while building it...
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