Papers & Guides
Papers & Guides
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Paper
Beyond Fidler: Examining the SCC Decision and its Impact
During the summer of 2006, the Supreme Court of Canada released the long-awaited judgment in Fidler v. Sun Life Assurance Company of Canada.1 In Fidler, the Court affirmed the trial judge’s $20,000 aw...Continue Reading -
Guide
Effectively Navigating Injuries and Disabilities: What Benefits are Available to Employees who have been victims of a Motor Vehicle Accident?
What happens when an injured employee approaches you for advice on how to proceed with benefits? How does the person decide whether to proceed by way of tort claim and accident benefits and/or long te...Continue Reading -
Guide
Who is Faith and Why is She Accused of Being so Bad? An Overview of Bad Faith Damages in Insurance Claims
Introduction Bad faith damages in relation to insurance claims have existed in Canadian law for a long time, with the ability to sue for such damages affirmed in the 2002 Supreme Court of Canada ...Continue Reading -
Guide
War in the Trenches: Interface Issues between LTD and Employment Law
It is a sad reality that the vast majority of clients who come to you for assistance in pursuing a claim for long-term disability benefits will also, at some point, also need your assistance regarding...Continue Reading -
Guide
Discovery in Claims Litigation – Examining the Insurer’s Representation
This paper is not meant to be an academic treatise, but rather a practical guide for how lawyers should approach the examination of insurer representative in LTD litigation. For many plaintiffs’ couns...Continue Reading -
Guide
Top 10 Cases that Will Help your Arbitration
Given the ever-increasing complexity and widening range of cases currently proceeding to the Financial Services Commission of Ontario, it is simply impossible to identify 10 key cases that will assist...Continue Reading -
Guide
The Employment Factor: How Motor Vehicle Accident Damages are Influenced and Impacted by Employment Benefits
The fundamental goal of the tort law system is to ensure that a plaintiff be restored to the position s/he would have been in absent the tortfeasor’s negligence.Continue Reading -
Guide
Every Breath You Take: Musings on Surveillance in a Post-Snowden World
It cannot be denied that in this increasingly technologically connected world, each of us experiences “modern day surveillance” on a daily basis. Every time we leave our homes we can be assured that o...Continue Reading -
Guide
Collateral Benefits: Protected and Unprotected Defendants
The fundamental goal of the tort law system is to ensure that the negligent defendant pays his dues and restores the plaintiff to the position she would have been in absent the tortfeasor’s negligence...Continue Reading -
Guide
LTD – The Year in Review: Twelve Things You Ought to Know
As the Ontario workforce ages, there is a significant likelihood that the number of workers finding themselves disabled and claiming LTD benefits will increase. Recent proposals to raise or eliminate ...Continue Reading -
Guide
The Use of Experts in LTD Litigation
Lawyers that focus on motor vehicle litigation in Ontario will be accustomed to our current no fault system where the accident victim is subjected to an endless stream of medical assessments from the ...Continue Reading -
Guide
Keays v. Honda Canada: Bad Faith, Disability and Employment Law Converge
The focus of bad faith litigation in Canada is First Party insurance. However, the modern development of punitive, aggravated, and bad faith litigation in Canada is not rooted in insurance cases, but ...Continue Reading