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Virtual Hearings, Mediations and the COVID-19 Pandemic;  Blog on: Online Courts and the Future of Justice, Richard Susskind

Virtual Hearings, Mediations and the COVID-19 Pandemic; Blog on: Online Cou...

Several months have now passed since mediations, discoveries and some hearings have been conducted by videoconferencing. Richard Susskind’s book, Online Courts and the Future of Justice¹ came out months before the pandemic, but what he has to say is all the more current given the current restrictions and limitations on having litigants assemble physically in one location to deal with their cases. The book is an academic treatise on Mr. Susskind’s research and views regarding how Online Courts can be the solution to expanding access to justice throughout the world....
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Keeping Long-Term Disability Cases Moving Amidst COVID-19

Keeping Long-Term Disability Cases Moving Amidst COVID-19

At Share Lawyers, we are keeping up-to-date with the latest news about the Coronavirus (COVID-19) and are working to put plans in place for a range of future difficulties.  COVID-19 And Disability Cases You may be wondering what will happen to your current or future disability case during these uncertain times. We have been making plans to keep our staff working remotely if required, and also exploring alternative ways to conduct meetings with our clients through video conferencing if in-person meetings become difficult.  Rest assured, we are making every...
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Limitation Periods Revisited – Western Life Assurance Company v. Penttila

Limitation Periods Revisited – Western Life Assurance Company v. Penttila

The Ontario Divisional Court revisited the vexing topic of disability benefits and the applicable limitation period in Western Life Assurance Company v. Penttila[i].  For claimants, the good news is that the principle of “discoverability” is alive and well, which means that the calculation of when the two year limitation period in Limitations Act starts to run depends on the circumstances of the particular case. Here is a brief chronology of the facts in the Western Life case: May 16, 2012 – LTD approved February 19, 2013 – Western advises the claimant...
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Update on Wiles v. Sun Life – Limitation Periods and Relief from Forfeiture – Ontario Court of Appeal Upholds Summary Dismissal of Claim

Update on Wiles v. Sun Life – Limitation Periods and Relief from Forfeiture...

Several months ago, I wrote a blog regarding this case, Wiles v. Sun Life where I suggested that perhaps the summary judgment decision would be reviewed by the Ontario Court of Appeal. The OCA released their decision on September 19, 2018, upholding the dismissal granted by Justice Taylor. Taylor, J. had dismissed the lawsuit against both Sun Life and the employer on the basis that the one-year limitation period in Sun Life’s LTD policy had been missed, and on the basis that Ms. Wiles failure to submit a timely LTD application did not provide the necessary criteria for...