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Monthly Archives: April 2009

Law Society – Immigration Panel Discussion

On May 5, 2009, the Federation of Asian Canadian Lawyers (FACL) is proud to be one of several organizations involved with hosting apublic forum on immigration issues and trends, in celebration of Asian and South Asian Heritage Month in Ontario, as presented by the Law Society of Upper Canada.  Various organizations have come together to host this forum to share information on immigration and diversity issues affecting our communities.

The reception and forum is open to the public and admission is free; registration in advance is required.… Continue Reading

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Personal Injury Lawsuits Always Seek Out Insurance Coverage > Use and Operation of a Motor Vehicle

Case Comment – Russo v. John Doe (2009 Ontario Court of Appeal) affirming Russo v. John Doe (2008 Ontario Superior Court)

Every personal injury lawsuit seeks out an insurance policy which covers the defendant(s) to the lawsuit.  As a result, there have been many cases which seek clarification of whether their specific circumstance fits under the wording of a motor vehicle’s insurance policy, including whether the accident arose out of “use and operation” of a motor vehicle.

In this sad and widely reported situation on April 24, 2004, Ms.… Continue Reading

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Drunk Driving Can Mean No Insurance Coverage > But Your Insurance Company Must Deny You in a Timely Fashion

Case Comment – Logel Estate v. Wawanesa Mutual Insurance Company (2009 Ontario Court of Appeal) upholding Buck v. Wawanesa Mutual Insurance Company (2008 Ontario Superior Court)

Being in a car accident, while driving under the influence of alcohol, can lead to a denial of your insurance policy coverage.  The other party may still sue you and have access to the statutory minimum of $200,000 in coverage, but you (as the drunk driver) may not have any protection from your insurance policy.… Continue Reading

Ontario Road Safety > Countering Distracted Driving

Ontario’s Countering Distracted Driving and Promoting Green Transportation Act, 2009 is expected to come into effect in the Fall, 2009 and through amendments to Ontario’s Highway Traffic Act, will prohibit Ontario drivers from using their cellphone, blackberries or other electronic gadgets while driving.  The goal is to have Ontario drivers focus on driving and avoid other distractions.

The penalties are outlined in the Ontario government’s news release, including six (6) demerit points and a $1,000 fine.

From an insurance and personal injury lawsuit standpoint, this legislative change confirms that drivers are responsible for ensuring that they maximize their attention to the roadway to avoid accidents. … Continue Reading

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After Settling Your Lawsuit, A Cooling Off Period?

Case Comment – Morgan v. Saquing (2009 Ontario Superior Court)

Following up on our recent blog entry on another settlement situation, this case provides an illustration of an apparent settlement of a lawsuit which went awry.  This was a motion to enforce the settlement, pursuant to Rule 49.09 of Ontario Rules of Civil Procedure.

The plaintiff appeared to settle his 2002 car accident, and also his LTD (long-term disability) lawsuit, at mediation.  The LTD aspect was settled for $35,000 and the car accident appeared to settle for $55,000. … Continue Reading

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Collecting on a Debt > Helpful Tips

Advancing the rights of creditors generates a significant amount of litigation. This is especially true in the case of unsecured creditors. A creditor is unsecured if he or she is:

Owed a debt by another party, and There is no contract between the debtor and the creditor that allows the creditor to take possession of the debtor’s assets to satisfu the debt.

It is often that a creditor successfully sues a debtor and obtains judgment in his or her favour. The problem then turns to enforcement: how can a creditor locate the debtor’s assets in order to satisfy the judgment?… Continue Reading

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