When a claim for disability is made, the claimant opens themselves up to scrutiny of how they are living their life, what medical care they receive and how they function in their work and personal life. “Activities of daily living” are used to describe day to day functions that everyone needs to perform for basic […]
Author: Avril Hasselfield
Smith v. Sun Life 2021 ONSC 7109 (CanLII) The Ontario Court granted the Plaintiff relief from forfeiture for failing to submit a formal Long Term Disability (LTD) application and dismissed Sun Life’s motion for summary judgment to dismiss the Plaintiff’s claim. Key Facts and timing in Smith The Plaintiff was approved for Short Term […]
Union Carbide Canada Inc. v. Bombardier The Supreme Court of Canada found that a confidentiality clause in a private mediation can override the exception to the common law settlement privilege that enables parties to produce evidence of confidential communications in order to prove the existence or the scope of a settlement. The court explained […]
Just when we thought the Ontario courts were embracing on-line appearances they have released guidelines setting out presumptive methods of attendance for events in Superior Court of Justice proceedings. The guidelines that take effect on April 19th set out the Court’s expectations for the following proceedings: Case conferences, pre-trials, trials, motions, examinations for discovery, mandatory […]
Susan and Avril together bring over 35 years of litigation and mediation experience on both the Plaintiff and Defendant side of disputes.