On January 8, 2018, Strigberger Brown Armstrong was born out of a unified vision for the future of insurance law, a vision that was led by a female majority partnership and one that did not follow the ancient rules of hierarchy and long expired tradition.
The Threshold: Nothing Much Has Changed
ONSC: In a threshold motion, the evidence of family members should never be ignored; a clean pre-accident health matters; the ability to work may be irrelevant on a threshold motion; and a court will want to help a likeable and credible plaintiff.
The Altima-te Price For A Privacy Breach
The Superior Court’s decision in Grossman v. Nissan is yet another example of a data breach involving the theft of personal information resulting in a class action.
The Latest Word on Prejudgment Interest
The Court of Appeal has held that the trial judge should have taken into account changes in market interest rates when exercising his discretion to award prejudgment interest of 5%.Judgment varied to prejudgment interest at 1.3%.
Another Privacy Class Action Settlement
Do plaintiffs have to sue in federal court for PIPEDA violations? Maybe not anymore!
Burden of Proof vs. Fraud: Back to Basics
The Court of Appeal has overturned a summary judgment decision in a coverage case, finding the judge reversed the burden of proof and failed to recognize that a trial is required in cases of potential fraud, where credibility is in issue.
SABS Priority Disputes 101: Reflection on Deflection
As an accident benefits adjuster, what do you need to do to when a claimant approaches you about a new claim? What do you need to send them? When is an application “complete”? What is deflection? Can you say “go away”?