Miller Thomson blogs

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

Displaying 21-30 of 499

Small-Town Garage Liable for Crash Involving Vehicle Stolen from its Premises

October 20, 2016 | James D. Bromiley

MT Insurance Law Blog

The Village of Paisley, population 1,100, is situated in the heart of Bruce County. Until recently, its claim to fame was its annual Beef Fest held every August. Recently, the Ontario Court of Appeal cast a spotlight on this quiet...

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Court Ordered Defence Medicals

October 13, 2016 | Randall Carter

MT Insurance Law Blog

In the recently reported case of Daggitt v. Campbell[i], the Court reviews the requirements for a Court ordered defence medical pursuant to Section 105 of the Courts of Justice Act and Rule 33 of the Rules of Civil Procedure.  In...

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Aviva v. McKeown, 2016 ONSC 6017, September 26, 2016 – Sufficiency of reasons for an EUO: Is it better to give than it is to receive?

October 11, 2016 | Talaal Bond

MT Insurance Law Blog

A test application was brought before the court on the issue of “whether a justification is required” to compel a person (in this case, six claimants from five accidents, all represented by the same counsel) to attend an Examination under...

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Insureds Claiming “Diminished Value” Damages under Ontario’s OAP1 Auto Policy [1]

October 11, 2016 | Patricia J. Forte

MT Insurance Law Blog

“Does “damages” in its various manifestations in the OAP, the [Insurance] Act and the Statutory Conditions include Diminished Value? Is …[an insured] estopped from claiming Diminished Value? Is this a contractual claim defined by the statutory policy or does the...

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Supreme Court of Canada Rules that Quebec’s Farm Income Stabilization Program is not a Contract of Insurance

October 3, 2016 | Alexandre Ajami

The Food Web: Canadian Agribusiness and Food Law

Co-Author: Grégory Morin-Maltais, Articling Student Two recent decisions from the Supreme Court of Canada directly affect Quebec’s farm businesses by confirming La Financière Agricole du Québec’s (“La Financiere”) discretion in the administration of the farm income stabilization program known as...

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Slip & Fall Season and Recreational Trails – Franklin et. al. v The City of Greater Sudbury, 2016 ONSC 4739 (CanLII)

September 29, 2016 | Teneil MacNeil

MT Insurance Law Blog

Slip and fall season is fast approaching, much to the dismay of many. Still, with winter comes breathtaking snow falls, making for picture walks along recreational trails, and otherwise within our communities. What happens when we fall on one of...

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Threshold Motion and Chronic Pain: Arteaga v. Poirier, 2016 ONSC 3712

September 22, 2016 | Brynn Enros

MT Insurance Law Blog

A recent case highlights the importance of having expert evidence a trials involving complaints of chronic pain. Justice DiTomaso concluded on the threshold motion that the Plaintiff, Ms. Eliana Arteaga, had sustained a permanent and serious impairment despite MRI reports...

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A New Role For “Wearables”

September 22, 2016 | Cynthia P. Carels

MT Personal Injury Blog

Guest Author: Danielle Bouchard, 1L Summer Student With “fit as the new skinny” and apps for documenting every aspect of our lives, it is no surprise that personal fitness devices have become a booming industry for tech developers. Affectionately referred...

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Can an employee claim disability benefits for a period in which his driver’s permit has been suspended when a valid driving permit is a job requirement?

September 21, 2016 | François Garneau

Canadian Labour & Employment Law Blog

This was the question in issue in Syndicat canadien de la fonction publique, SCFP local 2718 et CIUSSS de l’Ouest-de-l’île-de-Montréal (Centre de la jeunesse et de la famille Batshaw) (Marc Desjardins et grief patronal), 2016 QCTA 307 which arose out...

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Accessibility for Ontarians with Disabilities Act

September 19, 2016 | Elliot P. Saccucci

Canadian Labour & Employment Law Blog

In the province of Ontario, 15.5% of the population has a disability. In recognition of this fact, the Accessibility for Ontarians with Disabilities Act (“AODA”) become law on June 13, 2005. The definition of “disability” under the AODA is the...

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Displaying 21-30 of 499

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.