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29 Jan 6:49 am by Ryan MacIsaac
In the current economic climate, companies big and small are feeling the stress of financial insecurity and reduced profits. As a result, more and more Canadians are finding themselves unemployed. This will likely lead to an increase in employment-related lawsuits. To quote a recent article by CFO Publishing, "layoffs mean lawsuits." In the United States, employment litigation has risen correspondingly to the decline of the country's economic health. In a case of being fired without just cause, ...
Law is Cool - http://lawiscool.com
5 Feb 11:27 am by Ryan MacIsaac
With all the negative press surrounding the York strike in recent weeks, it's a welcome change to hear that something productive is going on at the northern Toronto university: Osgoode Hall is teaming up with fellow York faculty Schulich School of Business to create the Jay and Barbara Hennick Centre for Business and Law, an interdisciplinary learning centre which will aim to produce lawyers with sound business sense. The initiative was made possible by a $3 million donation from Jay Hennick, ...
Law is Cool - http://lawiscool.com
17 Feb 1:04 pm by Ryan MacIsaac
As most of Canada's larger universities now have affiliated faculties of law, it falls to younger and smaller universities to adopt legal education. Recently, Lakehead University was unsuccessful in convincing Ontario Premier Dalton McGuinty that it would be prudent to establish a law school there, although this rebuff will not likely dash its long-term hopes. Along these lines, yesterday's Speech from the Throne by BC Premier Gordon Campbell, a Liberal, contained an interesting tidbit: "A new ...
Law is Cool - http://lawiscool.com
26 Feb 7:58 pm by Ryan MacIsaac
Should law school be a professional faculty designed to produce legal technicians, or a theory-based approach designed to give students a conceptual understanding of the law? When the latter holds true, and law schools do not fully prepare students for the reality of practice, a new start-up is promising to fill this knowledge gap. Solo Practice University is an online community aimed at allowing law students and recent graduates to learn directly from legal professionals. It is, in its own ...
Law is Cool - http://lawiscool.com
7 Mar 9:55 am by Ryan MacIsaac
It would be an embarrassing surprise if you woke up one day to find that your personal website was now a dating service, or worse, selling porn or prescription drugs. Well that's precisely what has happened to two Canadian MPs, and it highlights the importance of preemptively guarding your online identity in a situation where legal recourse will prove difficult if not futile. As reported by the blogs Michael Geist and Canadian Trademark Blog, and now even The Sun, the domain names of two MPs ...
Law is Cool - http://lawiscool.com
14 Mar 3:37 pm by Ryan MacIsaac
With American law firms shedding lawyers by the hour, things sound all doom and gloom down there. But CNN has picked up on a positive side effect of the firm layoffs: it's an unprecedented opportunity for many lawyers to take up public-interest work. "There is a once-in-a-lifetime opportunity coming out of a difficult situation," said Esther Lardent, president of the Pro Bono Institute in Washington D.C., who began discussions this month with at least 15 corporate firms nationwide about placing ...
Law is Cool - http://lawiscool.com
28 Mar 4:38 pm by Ryan MacIsaac
Following a trend of the erosion of privacy rights online, an Ontario couple who own a far-right website were ordered to disclose the names of eight anonymous posters related to a defamation lawsuit. The owners of FreeDominion.ca, Mark Fournier and Connie Wilkins-Fournier, were told that they would have to reveal the names of anonymous posters who attacked Ottawa anti-hate-speech activist Richard Warman. He is suing the couple, alleging that they "falsely and maliciously published and ...
Law is Cool - http://lawiscool.com
15 Apr 6:56 pm by Ryan MacIsaac
As reported by The Globe and Mail, Houston-based lawyer Frank Santulli has been stripped of his licence to practice law because of his student debt. Santulli has carried US$67,000 in outstanding loans since 1998 and failed to follow a plan to repay them: A Texas appeals court said lawyer Frank Santulli III did not have the trustworthiness needed to represent clients because of his failure to comply with the repayment plan… The appeals court cited the possibility that "he will harm a client, ...
Law is Cool - http://lawiscool.com
24 Apr 9:27 am by Greenberg Glusker
... 13 million arbitration award in a contentious dispute against MGA Entertainment relating to the licensing of the "Bratz" doll. MacIsaac also was lead counsel to independent developer, Spark Unlimited, in a well-publicized action against Activision Publishing ... Century City Bar Association in expanding its relationships with the studios and the next generation of attorneys," said MacIsaac. "Strengthening our community through educational programming, pro bono services, networking opportunities and ...
Los Angeles Law News Blog - http://news.greenbergglusker.com/
26 Feb, 2008 1:52 pm
... loyal employee throughout his career. According to a landmark, April, 2005 trial Judgment by Mr. Justice J. R. MacIsaac of the Ontario Superior Court, during the final seven months of this employment, however, Mr. Keays was subjected to harassment ... a view to clarifying the rules for the benefit of employers and employees. There is something deeply unsatisfying about Justice MacIsaac's back-door approach to compensation through punitive damages. This is particularly so, given that the "independent ...
Wise Law Blog - http://wiselaw.blogspot.com
20 Nov 9:30 pm by MacIsaac
Further to my previous posts on this topic, reasons for judgement were released today considering whether to award a Plaintiff Supreme Court Costs in an ICBC Claim where the judgement amount was within the Small Claims Court's jurisdiction. In today's case (Mohamadi v. Tremblay) the Plaintiff was awarded $10,490 in his ICBC Claim after trial (click here to read my summary of the trial judgment). The Plaintiff brought an application to be awarded 'costs' under Rule 57(10) which reads as follows: ...
ICBC Law - http://icbclaw.com/blog
19 Nov 10:17 pm by MacIsaac
When a Defendant is examined for discovery in a BC Injury Claim damaging answers can be read in at trial as evidence against that defendant. A limit to this, however, is that if there is more than one defendant in a lawsuit the evidence can generally only be used against the defendant who was examined (click here to read a previous post discussing this restriction). Reasons for judgment were released today demonstrating an exception to this restriction. In today's case (Beazley v. Suzuki Motor ...
ICBC Law - http://icbclaw.com/blog
23 Nov 10:25 pm by MacIsaac
Reasons for judgment were released today by the BC Supreme Court, Cranbrook Registry demonstrating that a lengthy duration of injury does not always merit a significant award of non-pecuniary damages. In today's case (Salzmann v. Bohmer) the Plaintiff was injured in a BC Car Crash. The collision took place over 10 years before trial. While the time-frame from the accident to trial was unusually long, such delays are not unheard of when Infant Plaintiffs are involved in motor vehicle collisions. ...
ICBC Law - http://icbclaw.com/blog
26 Nov 4:17 pm by MacIsaac
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, awarding just over $43,000 in total damages to a Plaintiff as a result of a 2005 car crash. In today's case (Daniels v. Haaksma) the Plaintiff was a passenger in a vehicle that was rear ended. As a result of the collision she suffered "mild to moderate soft tissue injuries to her lower and mid-back, and moderate soft tissue injuries to her neck. " Mr. Justice Ehrcke found that while these injuries "resulted ...
ICBC Law - http://icbclaw.com/blog
26 Nov 2:03 pm by MacIsaac
Reasons for judgement were released today by the BC Supreme Court considering the admissibility of the "Functional Assessment Biomechanical System" (known as FAB for short) in a personal injury claim. In today's case (Forstved v. Penner) the Plaintiff was suing as a result of personal injuries. In presenting her case she hired an occupational therapist to write a report summarizing her physical limitations and giving an estimate of her future care needs. In preparing this report the ...
ICBC Law - http://icbclaw.com/blog
24 Apr, 2008 2:54 pm by Steve Matthews
Here are some of the latest Canadian law blog additions to Lawblogs.ca: ICBC law blog (MacIsaac & Company) The Ethical Lawyer (Franco Tarulli) The Insurance Lawyer (Franco Tarulli) Solo in Ontario: Criminal Practice (Bo Arfai) MRB Insurance Law Blog (MacMillan Rooke Boeckle) Congrats to all on your recent launches!
Law Firm Web Strategy - http://www.stemlegal.com/strategyblog
6 Oct, 2008 8:17 pm by MacIsaac
I've previously blogged about the financial consequences of being in breach of ICBC insurance. Today reasons for judgemenet were delivered showing some of these consequences in action. In 2002 the Plaintiff was involved in a car accident. He was at fault for the accident. He was in breach of his insurance at the time (he was driving with a suspended licence). And he injured the occupants of one of the vehicles involved in the collision. The injured parties advanced an ICBC claim and eventually ...
ICBC Law - http://icbclaw.com/blog
3 Oct, 2008 6:54 pm by MacIsaac
Following a 2 day trial using the Fast Track Rule (Rule 66), reasons for judgement were released today compensating a Plaintiff as a result of a 2005 BC car accident. The Plaintiff was injured as a passenger. The offending motorist admitted fault and the trial focused on damages (lawful compensation) only. The Plaintiff had a range of complaints following the accident including pain in her neck, right shoulder and low back, and a significant increase in the frequency of her pre-existing ...
ICBC Law - http://icbclaw.com/blog
2 Oct, 2008 7:31 pm by MacIsaac
There is a lot to blog about today so I will have to keep these case summaries short. The BC Supreme Court released 3 cases today that may be of interest to people advancing ICBC claims. The first deals with the choice of forum of where to sue. The Plaintiff was in a collision with a tractor trailer in 2007. The crash happened in Alberta. The Plaintiff lived in BC and the owner of the tractor trailer had a registered business office in BC. The Plaintiff started the lawsuit in BC and the ...
ICBC Law - http://icbclaw.com/blog
1 Oct, 2008 7:12 pm by MacIsaac
Following a trial that lasted over 6 weeks, reasons for judgement were released today awarding a Plaintiff close to $900,000 in damages as a result of a 2002 car crash that occurred in Vancouver, BC. The Plaintiff, while stopped at a red light, was rear-ended by a Ford F150 pick up truck. The force of the collision was found to be 'sufficiently strong to cause the plaintiff to suffer bruising across his chest where the seat-belt had restrained him'. The Plaintiff was able to drive away from the ...
ICBC Law - http://icbclaw.com/blog
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