Miller Thomson blogs

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

Displaying 11-20 of 568

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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Event Announcement – Canada’s Outdoor Farm Show

September 11, 2017

The Food Web: Canadian Agribusiness and Food Law

CANADA’S OUTDOOR FARM SHOW – September 12, 13 & 14, 2017 (Woodstock, Ontario) Miller Thomson LLP is again looking forward to being a part of the 24th annual Canada’s Outdoor Farm Show. Please come by our booth to say hello or...

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Improper Excluded Driver Forms Can Still Be Enforceable

September 7, 2017 | Sean McGarry

MT Insurance Law Blog

The Ontario Court of Appeal, in Royal & Sun Alliance Insurance Company of Canada v. Intact Insurance Company (“RSA v. Intact”)[1], recently addressed the manner in which the OPCF 28A excluded driver form may be issued by the insurer. In...

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Mental Injury and Negligence Law – Recognized Psychiatric Illness Not Required

August 31, 2017 | Sandra L. Hawes

MT Insurance Law Blog

In the recent decision of Saadati v. Moorhead, 2017 SCC 28 (CanLII), the Supreme Court of Canada rejected the argument that claims for mental injury are subject to a different test than claims for physical injury, holding that the law...

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Back To School Zones – 5 Things To Keep In Mind

August 29, 2017 | Cynthia P. Carels

MT Personal Injury Blog

Students across the country are gearing up and heading back to school. Kids are reuniting with friends they haven’t seen since June; others are distracted by showing off new clothes; and some of the youngest are navigating their way to...

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Displaying 11-20 of 568

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.