trial Tag Archives

The Wild, Wild West

Western edges out win in tight OTLA Cup competition The best in the west defeated the rest – but not without a fight.  The OTLA Cup returned to be heard in Kingston where it began 23 years ago, but the University of Western Ontario is taking it home in 2015. And what a Cup it was!  Ten competitors and five witnesses from five of Ontario’s …

The Truth Revealed About Insurance Companies’ Profits in Ontario

Dr. Fred Lazar and Dr. Eli Prisman, from the York University Schulich School of Business, conclude in a recent study that for the period of 2001 to 2013, consumers in Ontario have likely overpaid for auto insurance by between $3 and $4 billion. This money has not gone to accident victims nor to lower premiums for consumers – instead this money has gone straight to …

The Civil Jury

In North America, the jury trial is almost sacrosanct. Even lawyers who have never tried a case before a jury will argue passionately that a jury trial is every litigant’s right and should be preserved at all costs. Over the past several years there is a push by the judiciary to find ways to decide disputes more efficiently and at less cost. One target for …

Top Five Highlights from Moore v. Getahun

It takes an exceptional issue to get both the Ontario Trial Lawyers Association and the Canadian Defence Lawyers reading from the same gospel, however the controversial comments regarding counsel/expert relationships in the trial decision in Moore v. Getahun (2014 ONSC 237) did just that. Following the 2014 trial decision, counsel on both sides of the bar were left confused as to how they ought to …

Bill 15: New Auto Insurance Legislation Inhibits Access to Justice, Requires Amendment

With Bill 15, introduced in July 2014, the government has brought forward amendments that were initially introduced earlier this year. OTLA welcomes the new legislation which would bring forward Justice Douglas Cunningham’s much-needed reforms to the auto insurance dispute resolution system. While we welcome the majority of the recommendations, there are two outstanding issues that we ask MPPs to address through amendments at committee: ensuring …

Distracted Driving: Upping the Ante

A New Bill to Improve Road Safety The catastrophic injuries and devastating losses that can happen from accidents due to impaired driving have become known by most. Responsible drivers do not drink and drive: they call a cab, use public transit or have a designated sober driver. Responsible drivers consider other factors that could also impair their ability to control their motor vehicle, including drugs …