Trevor Fisher

Trevor Fisher

Lerners LLP

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Should I Bring a Change of Venue Motion?

There has been some confusion in recent case law as to the proper test to be applied on a change of venue motion. It is clear that the starting point for where an action can be commenced is straightforward: the plaintiff can...more

3/27/2014 - Transfer of Venue Venue

Who is the Actual Lessee of a Vehicle in Employment Context?

If an employee rents a vehicle while travelling for business, is the lessee the employee or the employer? This question was recently considered in Intact Insurance Company of Canada v American Home Assurance Company of...more

9/9/2013 - Auto Insurance Canada Insurers Leases Motor Vehicles

Right to Sue Applications: Are you sure it is a Schedule 1 Employer?

The Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sched. A. (WSIA) contains some important provisions which may act to preclude a plaintiff from bringing a claim against certain defendants. Under s.28(1) of the...more

6/24/2013 - Schedule 1 Employers WSIA

Van Breda: A Revised Approach to Assumed Jurisdiction

On “Black Friday” many American retailers are known to offer deep discounts which draw a large number of bargain hunting shoppers. But what happens if a visiting Ontario bargain-seeking motorist is injured in a collision with...more

1/9/2013 - Forum Non Conveniens Jurisdiction Nexus Presumptive Connecting Factors Residency Requirements

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