Insurance
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June 12, 2025
Court approves $1.65M settlement of action against solicitors over failed syndicated mortgage loans
The Ontario Superior Court of Justice has approved a $1.65-million settlement of a class action against solicitors who provided legal services for syndicated mortgage loans (SML) that went into default, causing investors to lose most of their money.
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June 12, 2025
Reducing CRR burden: Keep ‘relevance’ as standard, reduce judge-presided conferences
The Civil Rules Review Phase 2 (CRR) report mandates judicial case conferences in two forms: directions conferences and scheduling conferences. In addition, it proposes a completely new standard for productions while removing discovery, which is a cornerstone for ensuring necessary and adequate production. The CRR proposes a new production standard: production of “reliance” and “adverse” documents rather than keeping the current standard of relevance. The net result will be more ambiguity as to which documents are proper productions, and given the absence of discovery, a greater need to obtain full production of all “reliance” and all “adverse” documents.
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June 11, 2025
Nova Scotia Court of Appeal allows amendments in insurance case involving collapsed crane
The Nova Scotia Court of Appeal has allowed contractors to amend their defences after learning about an existing policy in an insurance case where a crane fell during a hurricane.
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June 11, 2025
Judicial scarcity and Civil Rules Review: We can’t get there from here without more judges
The Civil Rules Review Phase 2 (CRR) states: “There is consensus that the problem of access to timely and affordable civil justice has only gotten worse since Hryniak, particularly following the Supreme Court’s decision in R. v. Jordan” (Hryniak v. Mauldin, [2014] 1 S.C.R. 87; R. v. Jordan, [2016] 1 S.C.R. 631).
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June 10, 2025
Canada’s top judge declares ‘in this country, the rule of law is non-negotiable’
Lawyers, as officers of the court, have a professional “responsibility and obligation” to defend the rule of law and the independence of the bar and judiciary against attacks, Chief Justice of Canada Richard Wagner said at his annual news conference in Ottawa.
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June 06, 2025
PM Carney appoints parliamentary secretaries to support lawyer-rich cabinet & PMO
Prime Minister Mark Carney has tapped a number of lawyers to assist the many lawyers he has already appointed to key cabinet posts.
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June 06, 2025
Ontario’s civil justice revolution: Will fixed timelines finally deliver faster, fairer results?
If you’ve ever wondered why civil lawsuits in Ontario can drag on for years, you’re not alone. Whether you’re a fellow personal injury lawyer, an accident victim or just someone following the news, Ontario’s proposed overhaul of its civil court rules is about to shake things up for everyone seeking justice.
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June 04, 2025
Ontario court increases damages award in lawyer’s negligence action to $273K
The Ontario Court of Appeal has increased a damages award in a solicitor’s negligence action to nearly $273,000, granting compensation for legal fees and repairs after a lawyer missed the limitation period for claims related to a real estate transaction.
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June 04, 2025
Dealing with invisible disabilities in the workplace
Researchers continue to discover new ways to diagnose and treat so-called “invisible disabilities,” giving new hope to long-term disability claimants.
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June 03, 2025
Ontario court underscores importance of policy wording in cases with multiple insureds
In the recent decision of Surefire Dividend Capture, LP v. Berkshire Hathaway, 2025 ONCA 332, the Ontario Court of Appeal shed some light on how insurance policy language may be interpreted in cases involving multiple insureds.