Publications

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  • Vicariously Liability for Vehicle Owners if Possession Granted to the Driver

    Kelly Santini LLP, Ontario, November 26, 2018 – In Leigh v Clement, 2018 ONSC 4508 [Leigh] Justice Cornell reviewed under what circumstances an owner of a vehicle can be vicariously liable for an accident involving their vehicle under s. 192(2) of the Highway Traffic Act. In this case the driver who struck the plaintiff’s vehicle had taken his mother’s vehicle without her knowledge or consent. The mother...
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  • Enforcing Judgments from other Jurisdictions in Ontario

    Kelly Santini LLP, Ontario, October 22, 2018 – In our modern global economy where cross-border transactions are prevalent, Ontario courts have increasingly recognized other jurisdiction’s laws and decisions. Notwithstanding a greater recognition of foreign judgments, creditors continue to face legal and practical challenges in enforcing foreign judgements in Ontario. Enforcing Judgments from Other Provinces All Canadian provinces and territories, apart from Quebec, are...
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  • Recreational and Medical Cannabis – Key Considerations for Insurers

    Kelly Santini LLP, Northpoint Legal, Ontario, September 24, 2018 – Click here to watch the recording of the webinar. In October 2018, Canada will become only the second country in the world, after Uruguay, to legalize recreational cannabis. This follows the 2001 legalization of medical cannabis. In this webinar, Tiffany Tsang from Lindsay LLP in Vancouver looks at how legal medical cannabis has impacted personal...
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  • Two IMEs, one doctor: Retaining the same medical expert to examine an insured individual involved in two accidents

    Cox & Palmer, Nova Scotia, September 13, 2018 – The recent decision of the Nova Scotia Supreme Court in Saccary v Vonhammerstein presents an interesting issue on independent medical examinations (IMEs) at the request of Section A insurers. Should a doctor be disqualified from performing an IME at the behest of a Section A insurer if the doctor had performed an IME on the same...
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