LAW RESOURCES & NEWS

Notice To Our Clients

Please be advised that as we do our part to slow the spread of COVID-19, we are practicing social distancing. In the context of our business this means that we are conducting client meetings via phone or video call whenever possible and we will only be having brief in-person meetings when it is absolutely necessary.

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What if you discover a disability after you’ve been fired?

The circumstances under which a former employee could still make a long-term disability claim after leaving his or her position have not always been well defined. Specifically, whether an employee who was injured while under the policy, but only discovered the long-term effects of that injury after leaving that position, would still be able to claim LTD benefits has been unclear. The Ontario Court of Appeal provided some guidance for this in its recent decision of MacIvor v. Pitney Bowes.

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Medical Malpractice: Do I Have A Case?

Do I have a medical malpractice case? That question is asked of many lawyers daily in this province. Unfortunately, the answer is often no! Mainly, because a poor result of a procedure or treatment doesn’t necessarily mean someone screwed up.

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The Estate Information Return: A Review

Since January 1, 2015, anyone who has been issued a Certificate of Appointment of Estate Trustee has been required to file the Estate Information Return (“EIR”) with the Ministry of Finance within 90 days of the Certificate being issued.As it is now just slightly more than 4 years since this requirement came into play, it seems as good a time as any to reflect on the process and what could be improved.

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Victim of Crime? Obtaining Compensation in Criminal Proceedings

Periodically I am contacted by someone who has been a victim of a criminal offence. As a personal injury lawyer my job is to obtain compensation for the victim for the damages caused by the criminal. In addition to the civil remedies (e.g., filing a lawsuit, questioning the perpetrator at discovery, etc.) there is also a little-used section of the Criminal Code which can be very effective in obtaining at least partial compensation for victims of crime.

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COVID-19 Impact on Limitation Periods

The COVID-19 situation has therefore created a pause in Ontario’s normal limitation period protocol, but since online filings of statements of claims have continued throughout the pandemic, if you wish to avoid further delay in your litigation, you can ask your lawyer to have your statement of claim filed electronically with the court.

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