Total Disability: Not So Total After All!

Total Disability: Not So Total After All

Insurance companies often argue that if a person can do part-time work, then they are not “Totally Disabled”. Or, if a person can do some job tasks, then they are not “Totally Disabled”. This makes sense on its face, but these arguments are wrong in law! Courts and Arbitrators have found that “Total Disability” and “Complete Inability” are legal terms of art and, as such, they should not be interpreted literally.

Concussion Research Strengthens Case for Youth Sports Safety Legislation

Image of a football game with concussion brain scans superimposed

New research published in the Journal of Neurotrauma provides compelling evidence regarding the long-term effects of concussion on the brain. The results are relevant and informative to all who have suffered a traumatic brain injury; they highlight the importance of moving forward with legislative initiatives such as Rowan’s Law, which will further protect those who engage in sport.

The Uncertain Landscape of Autopilot Liability

windshield HUD displays autopilot ON, liability uncertain

As society progresses on its ambitious path towards “technological utopianism”, laws and regulations must keep up with the rapid pace of advancement. One issue of great interest is the shift towards self-driving cars.   The Autopilot Technology When Tesla CEO Elon Musk introduced the release of Tesla’s autopilot system in October 2014, the news generated global buzz. The autopilot system introduced many new and innovative …

Pokémon Go: Safe Play in Augmented Reality

smartphone displays image of pokemon go gameplay

Road Hockey: Let the Kids Play

a road hockey net stands before an empty residential street

Ontario’s minister of Children and Youth Services Michael Couteau was in the news recently for his plea to Toronto city council to lift a ban on road hockey in the city. The by-law in questions states that: “no person shall play or take part in any game or sport upon a roadway and, where there are sidewalks, no person upon roller-skates, in-line skates or a …

OLG’s Duty of Care to Victims of Problem Gambler

Ace-King in hand at the poker table

The Court of Appeal of Ontario has recently determined that a claim brought against the Ontario Lottery and Gaming Corporation (OLG) should move forward after the victims of a gambling addict, who stole over $4 million dollars to feed her habit, sued the gaming authority. Shellee Spinks was a law clerk from Hamilton who stole the money from the appellants – the Paton Estate –among …