Insurance
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March 18, 2024
Rogers Partners adds associate
Rogers Partners LLP has announced that Cameron Allan has joined the firm as an associate.
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March 18, 2024
Appeal and judicial review of a tribunal decision | Sara Blake
The Supreme Court of Canada has breathed life into an Ontario statutory provision that has been mostly ignored since it came into effect in 1972. Section 2(1) of the Judicial Review Procedure Act, R.S.O. 1990, c. J.1 (JRPA), authorizes the Divisional Court to grant relief on judicial review “despite any right of appeal.” For 40 years, Ontario courts consistently overlooked this provision, instead preferring to exercise their discretion to deny a remedy on judicial review because it regards a right of appeal to the court as an adequate alternative remedy.
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March 18, 2024
Prairie court looks to no-fault auto regulations in worker’s ‘room and board’ case
Saskatchewan’s top court has “empowered” regulations governing the province’s no-fault auto insurance program in deciding the unique case of an injured fishing camp employee fighting to have the value of his room and board included with his income replacement benefits, says a lawyer.
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March 15, 2024
Supreme Court rules limited statutory rights of appeal do not preclude access to judicial review
In a 9-0 judgment supportive of litigants’ access to judicial review, the Supreme Court of Canada has ruled that a limited statutory right of appeal in a case does not preclude judicial review for matters not the subject of appeal, i.e. where there is an appeal right limited to questions of law, judicial review is available for questions of fact or mixed fact and law.
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March 15, 2024
New partner at Blaney McMurtry LLP
Vagmi Patel has been made a partner at Blaney McMurtry LLP.
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March 15, 2024
Manitoba looking to bar suspected drunk drivers from appealing suspensions for refusing interlock
Manitoba is proposing a change to its traffic laws that would bar those charged with drunk driving from appealing their licence suspensions for refusing to install an ignition interlock system in their vehicles.
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March 14, 2024
Nurse, lawyer named co-managing partner at Howie, Sacks & Henry
Renée Vinett, a lawyer who is also a registered nurse, is the new co-managing partner, along with Paul Miller, at Howie, Sacks & Henry.
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March 13, 2024
OSFI’s expanding role in regulation of artificial intelligence and machine learning
The Office of the Superintendent of Financial Institutions (OSFI) has recently undertaken measures to regulate artificial intelligence (AI) and machine learning (ML) in the financial services sector. These actions come in the wake of OSFI’s 2023-2024 annual risk outlook, which indicated that it is exploring systemic and institutional vulnerabilities associated with digital innovations, including blockchain AI and ML (see Office of the Superintendent of Financial Institutions, “OSFI’s Annual Risk Outlook – Fiscal Year 2023-2024” (April 18, 2023).)
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March 13, 2024
PROCEEDINGS - Appeals and judicial review - Standard of review - Palpable and overriding error
Appeal by Leung from dismissal of her counterclaim seeking damages for injuries she alleged she suffered in motor vehicle accident. She argued that the trial judge made multiple errors in his analysis in dismissing her counterclaim.
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March 08, 2024
CRA should redefine ‘disability’ in Income Tax Act, says advisory group
The Canada Revenue Agency (CRA) should update the current definition of disability in the Income Tax Act to reflect what it calls a more “biopsychosocial” model of disability, according to the 2023 annual report by the agency’s Disability Advisory Committee (DAC).