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Peter Kryworuk's Archive

Hockey Player Liable for Blindsided Hit of Opponent

Hockey is our national sport and we cannot seem to get enough of it. Hockey is played every day across this country by Canadians of various ages and skill level. Given the nature of the sport, it is not surprising that injuries will occur and many consider injuries to be just part of the sport. […]

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Union Members Face Hurdles in Litigating LTD Benefit Disputes

Union members seeking long-term disability benefits under a policy provided by an employer pursuant to a collective agreement may not be entitled to have any disputes as to the entitlement of such benefits litigated before the courts. The Ontario Court of Appeal in Hutton v. The Manufacturers Life Insurance Company (Manulife Financial), 2019 ONCA 975 […]

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Reforming Medical Assessments for Automobile Insurance Accident Benefits

Earlier this year, the Ontario Government announced in its budget the intention to reform a number of areas of Ontario’s automobile insurance system. The budget stated that the province will seek to “reform the flawed medical assessment process to bring credibility and accountability to the assessment that injured claimants must undergo after an accident.” The […]

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What the Ontario Budget Means to Innocent Accident Victims and the Administration of Justice in Ontario

The 2019 Ontario budget entitled “Protecting What Matters Most” was released on April 11, 2019. It purports to look after the interest of the ‘little guy’. Sadly the budget suggests that access to justice and protection of the rights of innocent accident victims is not a high priority for this Government. Despite an underfunded, complex […]

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Revisiting Host Liability

As we enter the holiday season, many of us will either be attending or hosting a party where alcohol is being served. Sadly, circumstances will likely arise somewhere in Canada where excessive amounts of alcohol will be consumed by a guest who decides to drive their car and causes an accident resulting in serious personal […]

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Barista Beware!

Can a barista who negligently causes harm be held liable to the injured customer? Who knew that coffee shops were such dangerous places? Given the number of cases involving prominent purveyors of coffee, one has to be especially careful when entering such establishments. But I digress. It is well settled that an employer is vicariously […]

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Ontario Report on Auto Insurance Lacking

The Ontario government recently released a report authored by David Marshall, its advisor on auto insurance and the former head of the Workplace Safety Insurance Board entitled “Fairer Benefits Fairly Delivered, A Review of the Auto Insurance System in Ontario.” The report was intended to provide the government with advice on the development of initiatives […]

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Preparing for Mediation: Where the Real Advocacy Begins

The importance of mediations as an effective tool in reaching a settlement cannot be stressed enough. A mediation provides counsel with a very unique opportunity. It is often the one time in the entire litigation process where you have the opportunity to discuss the claim, your client’s injuries, and the damages, directly with the decision […]

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The Illusory Shield: The Collateral Use of Information in Civil and Regulatory Proceedings

The scope of disclosure in both civil and administrative proceedings is currently a hot topic of debate. Some call for limitations on the broad discovery process, while others favour broad disclosure obligations, enhanced by the plethora of sources now available in the electronic era.

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