Miller Thomson blogs

Miller Thomson Blogs put a more conversational lens on Canadian law. See the diverse perspectives of our lawyers here.

Displaying 1-10 of 562

And the Times They Are A’Changing The Evolution of Insurance Coverage for Medical Marijuana – Update

November 3, 2017 | Helen D.K. Friedman

MT Insurance Law Blog

In our previous publication[1], we discussed the incremental extension of coverage for medical marijuana under various types of insurance benefit plans and recent caselaw regarding insurer funding for medical marijuana. By way of update, Skinner v. Board of Trustees of...

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Intentional Acts, Artful Pleading and the Duty to Defend in British Columbia

October 18, 2017 | Karen L. Weslowski

MT Insurance Law Blog

The recent Supreme Court of British Columbia case of Co-operators General Insurance Company v. Kane, 2017 BCSC 1720 confirms the broad manner in which British Columbia courts interpret the duty to defend, and the extent to which that duty can...

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More on the MIG from the LAT

October 17, 2017 | Ashleigh T. Leon

MT Insurance Law Blog

The License Appeal Tribunal (LAT) has released a number of decisions dealing with the application Minor Injury Guideline (MIG) to injured persons. In a recent decision, T.S. v. Aviva General Insurance (17-000835/AABS), Adjudicator Christopher Ferguson was tasked with determining whether...

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The Act to Implement CETA Comes Into Force and Extends Protection to Additional Geographical Indications

October 17, 2017 | Alexandre Ajami

The Food Web: Canadian Agribusiness and Food Law

Most of the Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act (“CETA Implementation Act”) came into force on September 21, 2017. Among other things, this Act expands protection for geographical indications (GIs) and is of interest for anyone involved...

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Pre-judgment Interest in the Court of Appeal

October 5, 2017 | Chris T.J. Blom

MT Insurance Law Blog

The Ontario Court of Appeal decisions of Cobb v. Long Estate 2017 ONCA 717 and El-Khodr v. Lackie 2017 ONCA 716 now provide clarification on the application of the amendment to the rate of pre-judgment interest in s.258.3(8.1) of the...

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Slip and Fall Case Dismissed on Summary Judgment Motion: No Objective Evidence of Unsafe Condition

October 2, 2017 | Patricia J. Forte

MT Insurance Law Blog

For 9 years, Marian Hamilton resided on the fourth floor of an apartment building in Toronto.  In May 2012, at 67 years of age, she slipped and fell on the vinyl floored corridor near her unit.  She started a lawsuit...

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Farm Succession Planning: Can Unpaid Farm Work Give Children an Interest in the Family Farm?

September 29, 2017 | Brian P. Kaliel

The Food Web: Canadian Agribusiness and Food Law

The answer to this question is likely “no” in most provinces except where the farm chores amount to “exploitation”, or a provincial statute varies general common law rules. A recent British Columbia Court of Appeal decision, McDonald v. McDonald, 2017...

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Case Comment: Ongoing Gatekeeping Duty of Trial Judge Regarding Expert Evidence Bruff-Murphy v. Gunawardena, 2017 ONCA 502

September 26, 2017 | Amelia M. Leckey

MT Insurance Law Blog

The Ontario Court of Appeal has recently provided direction on the ongoing role of trial judges with respect to the admissibility of expert evidence at trial. As noted by Justice Hourigan “The law regarding expert witnesses has evolved considerably over...

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Post-Accident Income Deductions for Self-employed Insureds: Is it better to earn than receive?

September 22, 2017 | Helen D.K. Friedman, Ariel Wong

MT Insurance Law Blog

In the long-waited appeal decision from the Financial Services Commission of Ontario (“FSCO”), Delegate Evans in Perth v. Surani (FSCO Appeal P16-00022) confirmed that a self-employed insured’s post-accident business income is deductible from their income replacement benefits for the purposes...

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Court of Appeal: PJI/Deductible/Costs Changes are Retroactive, SABS fully deductible and Punitive Damages not Appropriate

September 20, 2017 | Nawaz Tahir

MT Insurance Law Blog

On September 19th, 2017, the Ontario Court of Appeal released it’s much anticipated decision on whether or not changes to how pre-judgment interest is calculated would be a retroactive change or not.  The Court also adjudicated upon a number of...

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Displaying 1-10 of 562

Disclaimer

The blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of the blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.