Lerners LLP

P.O. Box 2335
London, ON N6A 4G4, Canada

Contact: Donna Lindquist

  • 519.672.4510
  • 519.932.3291

First Ontario Privacy Class Action Certified Against Employer via Vicarious Liability

In Evans v. Bank of Nova Scotia, 2014 ONSC 2135, Justice Smith certified a class action for, among other claims, the tort of inclusion upon seclusion, against both the Bank of Nova Scotia (the “Bank”) and Richard Wilson. This is…more
| Civil Procedure, Civil Remedies, Finance & Banking, Personal Injury, Privacy

Interesting cost decision from the Court of Appeal

The Ontario Court of Appeal recently released an important decision on the issue of costs in Elbakhiet v Palmer. The case involved a rear end motor vehicle accident. The plaintiff claimed that she sustained headaches,…more
| Civil Procedure, Civil Remedies, Personal Injury

Lerners Personal Injury Lawyers Succeed in Divisional Court Catastrophic Impairment Case

Last week, the Divisional Court released its decision in Security National v. Hodges, 2014 ONSC 3627. This was a judicial review of a Financial Services Commission of Ontario Director’s Delegate decision. The respondent,…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Personal Injury, Insurance

The risk of self-incrimination in international cross-border disputes

The risk to the privilege against self-incrimination is not limited to proceedings taking place in parallel in Canada and the United States (U.S.). The case of R. v. Eurocopter Canada Ltd., [2004] O.J. No. 2120, is a good…more
| Constitutional Law, Criminal Law, International Law & Trade

Is a FSCO Arbitration Backlog Developing?

Listening to the news about the cresting flood waters in Manitoba, I am reminded about the flood of accident benefit disputes making its way through Financial Services Commission of Ontario (FSCO)…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Finance & Banking, Personal Injury

Bill 15 – New Auto Insurance Legislation

Bill 15, introduced in the Ontario Legislature on July 15, 2014, is a combination of two earlier bills which died with the spring election call. It is divided into 5 areas, being amendments to the Consumer Protection…more
| Civil Procedure, Elections & Politics, Finance & Banking, Insurance

The Court of Appeal’s Most Recent Comment on Jurisdictional Issues

In Tamminga v. Tamminga [2014 ONCA 478], the Court of Appeal considered whether an Ontario resident, who was injured after falling off a truck in Alberta, could maintain a claim in Ontario. Both owners of the truck were located…more
| Civil Procedure, Personal Injury

Ministry of Finance Auto Review

The Ministry of Finance has engaged the accounting firm KPMG to provide annual reports to the government in 2014 and 2015 on a variety of issues relating to auto insurance, including the effect of the 2010 changes on the SABS,…more
| Finance & Banking, Personal Injury, Insurance

Lo-Papa v. Certas Direct Insurance Company and the Minor Injury Guideline

A recent decision by the Financial Services Commission of Ontario reiterates that the onus to prove entitlement to benefits and treatment outside of the Minor Injury Guideline rests with the Insured…more
| Alternative Dispute Resolution (ADR), Civil Remedies, Personal Injury, Insurance

Confidentiality Agreements - You Need One Before Your Company Shows Its Assets

So, you're putting your company up for sale. You or an advisor that you've retained are inviting potential buyers to have a look. Before you open the books or provide company contracts and records for review, you need to have…more
| Commercial Law & Contracts

The risk of self-incrimination in cross-border disputes: Hollinger Case Study - Part III

The Mutual Legal Assistance in Criminal Matters Treaty (“MLAT”) is one way in which incriminating evidence in Canada can be shared with prosecutors in the United States ("U.S."). …more
| Criminal Law, International Law & Trade

Change of Venue Motions – What You Need to Know as of July 1, 2014

The Superior Court of Justice has recently weighed in on the issue of transferring actions in certain regions within Ontario in the Practice Directions which are effective as of July 1st, 2014. The Practice Direction applies to…more
| Civil Procedure

Disclosure and Resale Condominiums

As discussed in an earlier blog, Introduction to Condominiums, there are many reasons for buying a condominium ("condo") instead of a house. Condo owners enjoy many of the benefits of home ownership, including individual…more
| Commercial Law & Contracts, Real Estate - Residential

Fraud on the Market: Alive and Well After Halliburton v. Erica P. John Fund

In a much-anticipated case that slightly modified one of the most important doctrines in American securities law, the United States (U.S.) Supreme Court has determined to keep the “fraud on the market” theory of reliance in U.S…more
| Civil Procedure, Business Torts, Securities Law

Can I help my sick family member without losing my job?

aring for a critically ill family member can be an emotionally taxing and stressful experience. Canadian law recognizes the inherent difficulties in balancing an employee’s desire to care for an ill family member and their…more
| Labor & Employment Law
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