Assessing medical malpractice damages—Family Law Act damages—services rendered, expenses incurred, and other pecuniary losses
This article on damages for Family Law Act (FLA) claimants is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ between individuals. …
View the post titled Assessing medical malpractice damages—Family Law Act damages—services rendered, expenses incurred, and other pecuniary lossesOntario Court of Appeal clarifies distinction between termination for “cause” at common law and for “wilful misconduct” under the ESA
Ontario employers are often surprised to learn that there are two different regimes governing employee termination entitlements. At common law, employees are presumptively entitled to “reasonable notice” of termination or pay in lieu unless, among other things, an employee is terminated for …
View the post titled Ontario Court of Appeal clarifies distinction between termination for “cause” at common law and for “wilful misconduct” under the ESAAutomobile insurance policy 101: Mandatory and optional accident benefits coverage
It is a requirement to have automobile insurance in Ontario. The implications of not having it are many and severe. Drivers can receive a fine in the thousands of dollars, have their driver’s license suspended and vehicle impounded if they do not carry a valid insurance policy. Understanding…
View the post titled Automobile insurance policy 101: Mandatory and optional accident benefits coverageNot all privacy is worthy of protection: Stewart v Demme at the Divisional Court
In Stewart v. Demme, 2022 ONSC 1790, the Divisional Court set aside an order certifying a privacy class action against a hospital and its former employee, Catharina Demme, who was then a nurse. The decision, written for a unanimous panel by Justice Sachs, marks another case in which the Di…
View the post titled Not all privacy is worthy of protection: Stewart v Demme at the Divisional CourtAssessing medical malpractice damages—subrogated claims
This article on subrogated claims is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ as between individuals. The assessment of dama…
View the post titled Assessing medical malpractice damages—subrogated claimsYes, no or maybe so? Are evidentiary requirements on OSA leave motions broadening?
In O’Brien v. Maxar Technologies Inc., Justice Akbarali declined to grant the plaintiffs’ motion for leave to proceed with claims under section 138.3(1) of the Ontario Securities Act (“OSA”), concluding that there was no reasonable possibility that the action would be resolved in favour of t…
View the post titled Yes, no or maybe so? Are evidentiary requirements on OSA leave motions broadening?Power of attorney issues: compensation for powers of attorney for personal care
Providing care to an elderly or sick family member is a significant and often thankless undertaking. Quite often, it is the attorney for personal care who assumes the caregiving responsibilities. Attorneys for personal care often spend hours cleaning, cooking, and driving their loved ones to…
View the post titled Power of attorney issues: compensation for powers of attorney for personal careLabour Law 101: the certification application*
What employers need to know about certification applications. Continuing with our labour law basics series, today we will discuss what to do if a union files a certification application with the Ontario Labour Relations Board (“OLRB” or the “Board”) seeking to represent some of or all your e…
View the post titled Labour Law 101: the certification application*Who gets the pet during separation or divorce?
So, you’ve just separated from your partner and now face the daunting task of deciding who will get to keep the beloved family pet. In some situations, the matter is resolved without much consideration for family law in Ontario. Sometimes the party that brought a pet into the relationship ca…
View the post titled Who gets the pet during separation or divorce?Can we terminate our contracts with a sanctioned country?
You, as a business owner, may be asking yourself whether you can terminate your contracts with businesses in sanctioned foreign countries. Perhaps you’re concerned that the sanctions may be levied on you, or perhaps you’re concerned about the court of public opinion. Regardless of your reaso…
View the post titled Can we terminate our contracts with a sanctioned country?Receive Blog Posts
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