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Jones v. Tsige: How a Bizarre Love Triangle Inspired an Evolution in Privacy Law

February 21, 2012

Canadian Labour & Employment Law Blog

Author: Anthony Garber Jones v. Tsige, a recent case from the Ontario Court of Appeal represents the first appellate level decision in Ontario to recognize the tort of invasion of privacy. And like all good disputes, it began with a love affair. […]

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Feds do away with mandatory retirement

February 6, 2012

Canadian Labour & Employment Law Blog

Author: Erik Marshall Mandatory retirement will be outlawed in the federal sector (except where an employer can establish that the rule is a bona fide occupational requirement) as of December 15, 2012. The federal government recently passed legislation which will […]

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Revenge of the HTA Trial

February 3, 2012

MT Insurance Law Blog

Insurers (and plaintiffs) should take note of a recent Superior Court decision arising from an unusual tort trial. The defendant Randi Rumney rear-ended the plaintiff (Sabrina Reece) while she was riding her motorcycle. Prior to the collision, the plaintiff was […]

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FSCO: CPP Child Benefit Can’t Shrink IRB

February 2, 2012

MT Insurance Law Blog

FSCO Arbitrator Judith Killoran has ruled that child’s benefit payments under the Canada Pension Plan are not deductible from income replacement benefits. In Blakely v. State Farm, the parties agreed that a CPP disability pension benefit ws deducted from the […]

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When is an Application for Benefits Complete?

January 19, 2012

MT Insurance Law Blog

The Ontario Court of Appeal has released a new decision discussing the meaning of “completed application” for the purpose of triggering the 90-day notice period in section 3 of O. Reg. 283/95. In Ontario (Finance) v. Pilot Insurance, the Fund […]

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ONCA Recognizes Invasion of Privacy Tort

January 18, 2012

MT Insurance Law Blog

The Ontario Court of Appeal has released its decision in Jones v. Tsige, finding that Ontario law does recognize a right to bring a civil action for damages for the invasion of personal privacy. In July 2009, the appellant, Sandra […]

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ONSC finds Broker failed to Offer Optional SABS Benefits Properly

January 11, 2012

MT Insurance Law Blog

The Ontario Superior Court has dismissed a plaintiff’s action against a broker, claiming the broker did not ‘properly’ offer him the chance to purchase optional income replacement benefits. In Zefferino v. Meloche Monnex Insurance, the plaintiff suffered personal injuries in […]

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ONCA Overturns Kusnierz; Restores Desbiens Approach

December 23, 2011

MT Insurance Law Blog

The Ontario Court of Appeal has given the Plaintiffs’ Bar a super Christmas present, as it released today its decision in Kusnierz v. Economical. The Court overturned the trial judge’s decision and, in doing so, significantly expanded the class of […]

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Facebook No Friend of Yet Another MVA Plaintiff

December 15, 2011

MT Insurance Law Blog

Another Ontario Superior Court judge has ordered an MVA plaintiff to preserve, print, and produce to the defendant her Facebook photographs. The plaintiff was involved in a motor vehicle accident on August 6, 2007.  In her statement of claim, she […]

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Facebook No Friend of MVA Plaintiff

December 14, 2011

MT Insurance Law Blog

An Ontario Superior Court judge has ordered a plaintiff to re-attend an examination for discovery to answer questions about photographs of himself that he posted on his Facebook or MySpace pages. He also ordered the plaintiff to produce any such photographs […]

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Disclaimer

This 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 this 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.