Kevin Ross

Kevin Ross

Lerners LLP

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Latest Publications


The Limitations Act, Section 7: Are the Floodgates Opening? Landrie v. Congregation of the Most Holy Redeemer, 2014 ONSC 4008

It has been said that hard facts are apt to introduce bad law. This may occur when judges are asked to exercise their discretion to provide relief to a party facing severe consequences. An example of this might be a plaintiff...more

8/21/2014 - Bodily Injury Canada Statute of Limitations

Change of Venue: A Holistic Approach

Access to justice is a recurring theme. Considerable resources are allocated to assist in improving access to our courts on a timely basis. And yet our trial lists are long and our wait time for civil trials is growing. It is...more

6/12/2014 - Jurisdiction Transfer of Venue Venue

Quantifying Discretion in Costs and Fee Approvals

When a class action settles, a motion is brought to approve the settlement. Where plaintiffs' counsel requests payment, the counsel fee must be approved by the court. Similarly, where a certification motion is heard and...more

2/13/2014 - Canada Class Action Settlement

Legal Disability: Court Orders to Protect Parties, the Judicial Process, and Counsel

The administration of justice has a responsibility to protect persons under a legal disability. Such a responsibility serves a dual purpose; to protect that specific individual, and to protect the integrity of the judicial...more

10/11/2013 - Canada Disability Guardians Medical Examinations Mental Health

The Duty to Defend and the Apportionment of Defence Costs Tedford v. TD Insurance Meloche Monnex – Case Comment

This recent decision of the Ontario Court of Appeal considers the duty of an insurer to defend its insured and the circumstances in which that insurer can seek to apportion the costs of the defence where some, but not all,...more

1/29/2013 - Apportionment Duty to Defend Economic Damages Emotional Injury Claims Misrepresentation TD Insurance Meloche Monnex

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