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Published on: 6 Oct 2016 By

$900,000,000 Class Action launched against Ontario for flooding in Muskoka Lakes

Residents of Muskoka launched a $900,000,000 class action against the Ontario Ministry of Natural Resources and Forestry (“MNRF”) on September 14, 2016. They allege damages related to “[MNRF’s] failure to adequately manage and lower the water levels of Lake Joseph, Lake Muskoka and Lake Rous…

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Published on: 3 Oct 2016 By

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…

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Published on: 30 Sep 2016 By

A Case for Parent-Entity Tort Liability for Wrongful Conduct at Subsidiary Operations

The development of the common law depends on the Bar proposing something new when circumstances require. I recognize that’s not new thinking. Denning said it in 1954 and certainly better than me, in Parker: If we never do anything which has not been done before, we shall never get anywhere. …

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Published on: 29 Sep 2016 By

Limits to the intervention capability of the Quebec Class Action Fund

On September 7, 2016, the Superior Court of Quebec rendered an interesting judgment that clarified the limits of the power of intervention of the Fonds d’aide aux actions collectives (hereinafter referred to as the “Fonds”). The Fonds’s mission is to provide financial support to …

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Published on: 28 Sep 2016 By

Failure to Notify brings $150,000 Fine Despite no Damage to Property

Two companies, Consbec Inc. and Bruman Construction Inc., were fined a collective total of $150,000 for failing to notify the Ministry of the Environment and Climate Change (“MOECC”) of a fly-rock discharge. Bruman owns and operates an aggregate quarry located in North Bay.  Consbec was hire…

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Published on: 27 Sep 2016 By

Video Game Data Could Provide Useful Health Information In A Lawsuit

In personal injury lawsuits, the injured party is usually required to produce documents relating to their health. Medical records from a doctor or medical practitioner are the most obvious of these, but it is becoming more common to include electronic data. Electronic data about your health …

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Published on: 26 Sep 2016 By

Former counsel escapes damages award when new counsel fails to sue on time

In June, 2016, Justice Faieta of the Ontario Superior Court of Justice awarded damages of $57,712.31 plus interest against legal counsel who failed to file a claim within the required limitation period. Missed deadline and time-management errors are the biggest cause of claims against lawyer…

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