Weddings & Contract Frustration during Covid-19 WEDDINGS, CONTRACTS & COVID-19 Before entering into a marital contract, couples and newlyweds may enter into a number of other contractual relationships. From vendors for decor & entertainment to catering and venues, there are a number of legal implications to be considered when unforeseen circumstances arise and threaten to disrupt contractual performance. COVID-19 & WEDDINGS With COVID-19’s current impact on the airline industry with restrictions in place on international travel and upon large social gatherings, the wedding industry has experienced significant disruption. So what does that mean for wedding vendors, venues and couples facing wedding cancellations or postponements? FORCE MAJEURE “Force majeure” clauses generally discharge a contracting party from the obligation to perform when an unanticipated event, beyond the control of either party, renders performance impossible or significantly different than what was anticipated. Many commercial agreements contain “force majeure” clauses which provide for parties to be excused of their contractual obligations in the event of serious unforeseen circumstances. These clauses are applicable when unforeseen events, such as an “act of God”, government action or change in legislation takes place, so as to disrupt contractual performance. To be applicable, a force majeure clause has to be contained within the written contract. A party seeking to rely on a force majeure clause must first establish that the intervening event falls within the contract’s definition of force majeure. In most contracts, there typically is a list outlining specific triggering events and terminology that is covered. Some contracts contain broader catch-all phrases such as “other events beyond the reasonable control of the parties.” Such assessments would likely be conducted on a case-by-case basis and will depend on the language of the contract and the facts of each individual case. It is important to note that the party seeking to invoke a force majeure clause must establish that the event sufficiently impacted contractual performance. Some force majeure clauses set out the degree of requisite impact required for applicability, ranging higher standards of performance being “rendered impossible,” to lower standards such as performance being “delayed.” Where the requisite impact is not specified in the agreement, Canadian courts have typically applied a higher threshold. An event that has made the performance more costly or unprofitable is insufficient to trigger the application of a force majeure clause. THE DOCTRINE OF FRUSTRATION Frustration occurs where an event occurs after entering into a contract, which renders performance impossible or radically different than negotiated and goes to the very root of the contract. The doctrine of frustration may apply in situations where there is no force majeure clause contained in the applicable contract. It is not enough for a contract to simply become more onerous or more difficult to perform. Rather, a party must show that the original purpose of the contract has been undermined and it would be unjust for them to be bound to the contract under the existing circumstances. Where the doctrine of frustration is applicable, the effect of the doctrine of frustration is to discharge parties from their contractual obligations. Cases involving frustration are determined by the courts based on their specific facts. Given the significance of its impact, the threshold for establishing frustration is very high. VENUES & VENDORS Venues and vendors facing losses incurred due to business interruption as per COVID-19 are advised to reach out to their insurance providers to see if they are able to claim for any of their losses based on their insurance coverage. MITIGATION & COOPERATION FOR VENDERS AND COUPLES TO CONSIDER In any situation where losses are likely to be incurred, contractual parties have a duty to mitigate. Parties would be advised to consider and discuss any viable options if possible in regards to accommodations, rescheduling or postponements if available. Relying on force majeure and frustration claims should be viewed as a last resort where conversations and negotiations have stalled or broken down. As businesses begin to reopen and restrictions begin to ease, we encourage couples, vendors and venues to stay apprised of updates that impact the wedding industry. (Link here) For more complex issues and questions pertaining to wedding contracts with venues, vendors, or couples in relation to refunds, deposits or monies paid for weddings and other contracts – where performance is now in question as a result of COVID-19, please contact one of the lawyers at our firm to discuss your rights and options. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Commercial Litigation, COVID-19July 3, 2020August 20, 2021
Custody, Access and Covid19 In the recently decided case of Ribeiro vs Wright, the Ontario Superior Court of Justice affirmed that parties with a pre-existing separation agreement or court order in place with respect to access rights cannot unilaterally change their access schedule on the basis of COVID-19. The court stated that parties should not attempt to take advantage of the current challenges in relation to COVID-19 and seek to unilaterally not put in place different schedules for access. Parents who share custody of their children should continue to respect custody agreements during Covid-19 and continue their split parenting arrangements with their former spouse unless there is specific evidence that the child’s health is at risk. CHALLENGES AFFECTING PARENTS & ACCESS DURING COVID-19 There are some challenges in relation to access rights and issues that affect family law matters in relation to COVID-19 – including but not limited to the following: Parents who are unable to work from home and have to interact with the general public on a regular basis Example: Individuals who are considered to be essential workers (Nurses, Grocery Clerks, etc.) Parents returning home to Canada from abroad who must self isolate for a period of 14-days Parents who fail to comply with social/physical distancing recommendations from public health or parents who fail to take reasonable health precautions in relation to the safety of their children Parents who rely on their own parents for child care EMERGENCY ORDER IN ONTARIO COURTS & FAMILY LAW As Ontario courts are still closed and operating in a virtual capacity due to the emergency order in place currently, courts are continuing to only hear urgent matters on a case-by-case basis. If you have additional questions pertaining to family law matters, access or additional COVID-19 related issues related to family law, feel free to contact the lawyers at Devry Smith Frank LLP to discuss your rights and options. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, COVID-19, Family LawJune 30, 2020September 29, 2020
3 important things to keep in mind when the Children’s Aid Society comes knocking The Children’s Aid Society is knocking at your door. Now. You might have been warned of their visit, but they do not need to give you notice. The visit could be the result of someone giving Children’s Aid information about your parenting which raises concerns about the safety or well-being of your children. You may never know what made them come knocking. You must answer the door. You must let them in. This intrusion can be alarming and upsetting. But what do you do next? How can you act to best keep your family together? CONTACT A FAMILY LAWYER OR A CHILD PROTECTION LAWYER The stakes are high. Children’s Aid could take your children away as a result of this visit. If you have been given advance notice, contact a family lawyer or a child protection lawyer as early as possible. If you did not receive notice, contact a family lawyer or a child protection lawyer as soon as practicable. The circumstances of each situation are unique; tailored advice to your situation may be critical in preventing the seizure of your children, or in expediting their return if they are removed. Speak to a lawyer before signing any kind of “agreement” with Children’s Aid. It is possible that the Society may request “authorizations” from you to speak with other people as part of their investigation—e.g. teachers, doctors, et cetera—and your consent will simply speed up this process (they will be able to eventually speak with them regardless of whether you consent or not). Generally speaking, if you are uncertain what you are being asked to sign, speak with a family lawyer or a child protection lawyer first. If any criminal charges such as assault or sexual assault are alleged, do not discuss these matters with Children’s Aid until you have spoken with a lawyer. Children’s Aid works with the police and will report everything you say to them and they may be used against you. That being said… BE WELCOMING, FRIENDLY, AND CO-OPERATIVE Children’s Aid is not the police. Work together with them and show that you share their concern for the safety and well-being of your children. Be a “team player,” knowledgeable that the goal is to ensure that all that happens is in the best interest of the children. Do not refuse to meet with Children’s Aid or otherwise behave in a manner that raises their suspicion that you have something to hide. If you had time to prepare for the visit, ensure your home makes a good first impression. This means ensuring the home covers the basics: safe for children with enough food but also demonstrates that this is a happy and loving home. Children’s Aid will want to inspect everywhere—e.g. see the children’s rooms—so be welcoming and offer them a complete tour. During the COVID-19 pandemic, there may be a heightened emphasis on health and safety. Show Children’s Aid that you and your family are taking appropriate measures to prevent the spread of the virus. Do the children know to wash their hands before eating? Do they practice social distancing from their friends or wear appropriate face coverings when in public places? ALLOW CHILDREN’S AID TO SPEAK WITH YOUR CHILDREN ALONE Children’s Aid has the right to interview your children without your consent. Facilitate this and make it easy for them. As a parent, do not create the impression that you are attempting to interfere or hide something. While children have the right to have a lawyer present while speaking with Children’s Aid, this is the right of the child—not the parent. It must be the child who arranges to have a lawyer present if this is their desire. Do not assume that Children’s Aid has completed its investigation until you are notified that the file is closed. Ask for disclosure if the investigation is ongoing. After the home visit, you may be watched from a distance. Knowing how to act and respond to an investigation from Children’s Aid may improve the chances that your family remains together. If you are uncertain, contact a family lawyer or a child protection lawyer as soon as possible. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Family LawJune 29, 2020September 29, 2020
“This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”
OCCUPATIONAL HEALTH & SAFETY REOPENING ONTARIO –THINGS TO CONSIDER IMPLEMENTING AS BUSINESSES BEGIN TO REOPEN Reopening Ontario The province of Ontario has presented a multi-phase plan to reopen the economy. The province will follow a gradual approach to allow public health officials to monitor and assess conditions before moving onto the next phase. A practical guide to follow from the City of Toronto has been provided for employers, workplaces and businesses on workplace recommendations, protocols and procedures to protect employees and customers. The link can be accessed here. Stage 1 Stage 1 will consist of reopening business that can immediately meet or modify operations to satisfy public health recommendations and occupational health and safety requirements. Stage 1 will focus on workplaces that are well equipped and positioned to follow public health advice in terms of ensuring safe workplaces and appropriate physical distancing measures. What businesses can open in Stage 1? Construction, retail, vehicle dealerships, media industries, health services, outdoor recreational amenities, professional sports without spectators and many more. Stage 2 Ontario announced they will be taking a regional approach to Stage 2, reopening more workplaces and businesses based on additional risk assessments and public health information, determining which regions will be permitted to enter the stage when certain criteria are met. What businesses can open in Stage 2? Restaurants & bars, personal care services, shopping malls and centres, beaches, parks & camping, drive-in & drive-thru venues, libraries, community centers, along with weddings, funerals and other similar gatherings. Stage 3 Stage 3 will consist of reopening most remaining workplaces and businesses, while carefully and gradually lifting restrictions. Public health and workplace safety guidelines will remain in place, while large public gatherings will also continue to be restricted. Fifteen Proactive and Protective Measures to Keep Everyone Safe Keeping two meters or six feet of distance from others Washing your hands often – using soap and hand sanitizers Avoid touching your face with unwashed hands Cough into your elbow or a tissue Staying at home when you are sick or experiencing signs of illness Cleaning & disinfecting frequently touched objects and surfaces Wearing facemasks Avoiding all non-essential trips Screening staff and clients in regards to COVID-19 when possible, briefly questioning or implementing screening measures, prohibiting anyone with symptoms from entering the workplace Ensuring staff do not come to work when sick Maintaining flexibility, reducing operating hours, staggering of shifts and implementing flexible work policies when work can be done remotely, manage meetings electronically if possible Reduce overcrowding by establishing proper physical distancing measures and markings within workplaces for employees, workers and clients Managing entrances/exits effectively, controlling both the flow and capacity within workplaces while maintaining physical distancing Implementing signage and additional information to help advise individuals regarding important changes during this time, as it may additionally help the flow of information for workers, employees and clients Implementing proper cleaning and disinfection protocols for workplaces and/or implementing the use of air filters and cleaning services to reduce airborne contamination It is important that employers and employees work together to develop effective plans to manage and ensure the wellbeing of everyone as businesses begin to reopen. Occupational Health and Safety Act, RSO 1990, c. O. 1 (“OHSA”) In Ontario, employers have an obligation to ensure employees have a safe and healthy work environment. Employers are required to show that they acted reasonably to protect the safety of employees in hazardous circumstances, which may include exposure to COVID-19. For additional information, we encourage employers and employees to visit the Ontario website and review the latest information as it relates to the reopening of Ontario. Clickable Link here If you have more questions as it relates to occupational health and safety standards, or if you are an employer or employee who needs additional assistance regarding returning to work, please contact our firm to discuss your rights and options. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, COVID-19, Employment LawJune 25, 2020September 29, 2020
What to Expect from your Personal Injury Case during COVID-19 This pandemic has affected every aspect of our daily lives in profound ways. However, our firm is still operating as usual albeit remotely, as legal services were deemed an essential service by the province. From a procedural standpoint, there have been a number of changes due to the closure of courts. Suspension of Limitation Periods Under the Emergency Management and Civil Protection Act, limitation periods have been suspended retroactive to March 16, 2020, along with procedural deadlines in the Rules of Civil Procedure, although the Superior Court of Justice’s Consolidated Notice has encouraged all litigants to continue to move their matter along and comply with the Rules as much as possible through virtual means. Though claims can still be issued electronically, this suspension will significantly delay proceedings as courts will not be hearing the majority of non-urgent matters until further notice. Medical Examinations There may be significant delays in obtaining medical records or to schedule examinations. Ontario announced that on May 27, 2020, a number of health care providers including dentists, optometrists, massage therapists, chiropractors, physiotherapists, psychologists etc. can return to work once health and safety guidelines are met. However, this does not mean that these providers can begin seeing their patients right away. Premier Doug Ford noted that “health regulatory colleges are now in the process of developing guidance to ensure high-quality and safe clinical care that must be met before services can resume.” Examinations for Discovery and Mediation Examinations for Discovery and/or mediations may be cancelled, postponed or conducted virtually using video-conferencing software. Though these are less than ideal conditions, if all parties consent to using video-conferencing this could bring about speedier outcomes for a case than waiting for these steps to resume in-person. However, additional precautionary measures should be taken regarding privacy concerns and ensuring high-quality video and audio. Delays in Scheduling Motions and Trials Currently, Ontario Superior Court is not hearing any in-person court matters until July 6, 2020, at the earliest, although they have a list of matters that can be heard virtually which they plan to continue to expand. Civil jury selection or jury trials will also not re-commence at the earliest until September 2020. This can leave the most contentious cases at a standstill until a trial can be scheduled. Considering how long civil proceedings can remain in the legal system, this will delay matters even further. The above information is general in nature and if you have a specific question related to your personal injury matter contact Marc G. Spivak, managing partner of the personal injury group at marc.spivak@devrylaw.ca or 416-446-5855. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, COVID-19, Personal InjuryJune 22, 2020September 29, 2020
DSF Lawyer Gets Damages For a 3-Year-Old Subjected to Harsh and Degrading Treatment at a Private School DSF’s education lawyer Katelyn Bell successfully defended the parents of a three-year-old student against a claim for unpaid tuition. The pupil’s parents were instead awarded $2,000 in damages against the school. The Plaintiffs own a private Montessori school which has what they claim to be a “strict uniform policy” for all enrolled students. The pupil in our case – again, only three years old – was uncomfortable in her uniform and although the school raised no issue with the pupil not having worn her uniform on the first day of school, on the second day, the Plaintiff’s, the private school owners, refused the pupil entry. The evidence was clear that the pupil heard the Plaintiff school administrators deny her entry and that denial caused her to cry and grow fearful of school and of the Plaintiffs. The Plaintiffs never contacted the Defendant parents about this incident and their decision to refuse the pupil entry after she arrived to her second day of school with her nanny. Just days after having had their child refused entry at school, the Defendants received notice from the Plaintiff’s that all tuition for the entire year of school was due and payable. The Court did not agree. Not only was no tuition payable despite the school’s Enrollment Agreement (their contract) but the Defendant parents were also awarded damages against the school. The Judge hearing the matter in Burlington provided the following reasons for the Court’s decision: The school’s own handbook asks parents not to approach them with issues in front of their children. Therefore, it was reasonable that this expectation would apply to the school as well. The school’s materials included the following as a prohibited practice: “Use of harsh or degrading measures or threats or use of derogatory language directed at or used in the presence of a child that would humiliate, shame or frighten the child or undermines his or her self-respect, dignity or self-worth”; and “It is important to note that such discussions should never be held in the presence of the child”. The tone and demands made to the pupil and her nanny were harsh and degrading that humiliated the pupil to the point that she cried and refused to return to the school and there was no notification to her parents about the incident. There was an understanding from the pupil’s parents that the uniform policy would be respected as they had two other children who already attended the school in full uniform. They just needed some more time to prepare the full-uniform and to allow the pupil to acclimatize to it. It was reasonable for the parents to have expected the situation be handled with more care to allow for a gradual transition to school. The judge concluded that the Defendant parents were within their rights to terminate their child’s enrolment due to breach of contract as the school failed to follow their own policies, as set out in their Enrollment Agreement, Parent Handbook and their website. As a result, the Plaintiff school’s claim was dismissed and the pupil’s parents were awarded damages of $2,000 for reimbursement costs of alternative child care, the days the parents took off from work and the return of the cost of tuition for the entire month of September. So, what does this mean for you and your child(ren)? Just because you have signed a contract with your child’s school that all tuition is payable, no matter what the circumstance, this may not always be the case. Failing to adhere to school policies from either party can become the basis for breach of contract. Private schools should also be vigilant about maintaining clear and open communication with parents instead of relaying information through third parties such as nannies and caretakers. Finally, strict compliance with certain policies should be adjusted keeping in mind the age of the student and the parent’s willingness to work with the school to ensure compliance. Katelyn has acted as counsel for the following reported decision: Prestige Montessori v Muhammad and Amina Shahzad If you have more questions about your education law matter for both private or public schools contact John Schuman at 416-446-5080 and john.schuman@devrylaw.ca or Katelyn Bell at 416-446-5837 and katelyn.bell@devrylaw.ca. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Education LawJune 18, 2020September 29, 2020
An Open Email Dated June 15, 2020, From Insurance Defence Lawyer, Miriam Tepperman, To Our Attorney General Regarding the Importance of Jury Trials I am a proud insurance defence lawyer. I am proud of my role in the justice system that helps people get back on their feet after an injury while keeping the system honest. Both aspects are needed. The system is set up that for those that are injured and not so injured have to focus on their injuries and limitations in order to receive maximum compensation. Some are justified and some may not be. Juries are an important part of this process. Juries have historically been involved in bodily injury trials in Ontario. Juries bring the approach of the common person. The beauty of the common person’s perspective in Ontario is that there is no stereotypical “common person”. We live in a wonderfully multicultural province that I am extremely proud to be a part of. The “common person” therefore includes the newly married, the single, the LGBTQ, the parents, the non-parent, the working, the retired, the Christian, the Jew, the Muslim, the Hindu, the Punjabi, the atheist, the agnostic, the black, the white, the Hispanic, the Asian, the Arab, the Aboriginal, the differently-abled, the new citizens, the multi-generational Canadians, the grocer, store clerk, the small business owner, the teacher, the doctor, the real estate agent, the union and non-union workers. These are just a few examples of our very diverse tapestry. The jury, therefore, brings new and important perspectives to keep our systems rooted in the values of the day. It keeps our system decisions fresh and forward-thinking. The act of the jury trial has not changed. What I have noticed change since I began my legal career 18 years ago, are the decisions of juries in soft tissue/chronic pain cases. It is these cases that have brought the plaintiff bar, particularly in the last 5 years to question the appropriateness of jury trials. This debate, on a simplified level, is whether a plaintiff suffered muscle pains that resolve within a reasonable period of time or whether the plaintiff suffered permanent ongoing pain that permanently limits the plaintiff’s activities and wellbeing. It is these cases, that a jury is perfect for and their role important. The majority of actions settle long before trial. The actions that are tried, are those where the parties fundamentally do not assess the circumstances the same way. Juries are important in these soft tissue/chronic pain cases. The juries, in addition to the judge, bring to the court their own diversified experiences. The juries bring with them their own perspectives, biases, life experiences and anecdotal experience of others around them. They bring the experience collectively of those who have worked physical jobs and understand the aches and pains associated with it, irrespective of injuries. They bring the joint experience of suffering non-compensable diseases and injuries and how long they suffered, and how they overcame them. They bring collectively the collective experience of the ability to return to some type of work if not the pre-accident work when health, family circumstances or injury strikes. Jury decisions have been changing. Juries are coming back with verdicts that are not as sympathetic to the plaintiffs that they do not believe and or that are not mitigating their damages. Juries are compensating those that they believe are badly hurt. The cases where there are objective injuries, with objective limitations are largely settled and when they do go to trial, those parties are largely compensated appropriately. It is the cases where credibility of the plaintiff that is being tested, where the jury has garnered the most attention. Accordingly, I believe it is important to stay the course. Earlier this year, Attorney General Downey’s changes to the Rules of Civil Procedure and the Courts of Justice Act came into effect. These changes included raising the cap for the simplified procedure process to actions seeking damages of $200,000 or less (previously the cap was $100,000) and juries are no longer permitted as of right for civil actions that fall within the simplified procedure unless they meet a specified exception (bodily injury cases do not). Accordingly, soft tissue injuries will fall within the simplified procedure. There is no doubt that the trial process is expensive and frustrates both the plaintiffs and defendants. There are long delays in the system due to an overburdened justice system. Weighing the issues and concerns, the benefits are hoped to outweigh the drawbacks in the circumstances where damages suffered fall within the $200,000 damages award threshold. These changes, however, likely will not address the circumstances where the defendant believes it is a matter that falls at most within the simplified procedure but the plaintiff believes that it is a severe chronic pain case. Perhaps more severe penalties are needed for those actions brought in the regular procedure that should have been brought with the simplified procedure. While the plaintiff bar is quick to point out that defendants are backed by insurers in these types of cases, they fail to mention two important points. First, not all claims are fully insured. It is common now to see claims seeking $2,000,000 or more, while non-commercial defendants generally hold insurance policies of $1,000,000. Accordingly, the defendant him or herself, and not the insurer, is exposed to those excess amounts. The second matter that is not talked about by the plaintiff bar is that over the last number of years, plaintiffs have been getting some type of litigation insurance to help them fund the litigation. Accordingly, plaintiffs are behaving very differently in litigation, driving costs up further than they had when I had started my career. Many Ontarians own vehicles and if not know people that do so they understand that this litigation is largely backed by insurance. They don’t need to be told. Similarly, Ontarians are proud of our publicly funded health care system and know that is available to the injured as well. These days many plaintiffs have some type of litigation insurance to help them fund the litigation and protect them from cost awards. None of this is disclosed to the jury. The role of the jury is to decide the facts of the cases and assess the damages arising from those facts. It is not the role of the jury to worry about how the litigation is paid for and what impact the requirement to pay will have on an individual party. There is no doubt that we face unusual hurdles due to the COVID-19 pandemic. There is no doubt that the system can be modernized by adopting more technology. Let’s use this time to streamline the processes but not to silence voices. The voice of the jury, particularly for the amounts at issue through the regular process is important to make sure the justice system hears the voice of the evolving values of the community it serves. By Fauzan SiddiquiBlog, COVID-19, Insurance DefenceJune 15, 2020September 29, 2020
An Open Email dated June 12, 2020, from Personal Injury Lawyer, Marc Spivak, to our Attorney General Regarding Suspending Juries in Civil Law Cases To the Honorable Doug Downey Attorney General of Ontario I am a personal injury lawyer and have been for 28 years. The first 9 years of my practice I acted for insurance companies on the defence of insurance matters. I can tell you firsthand the almost complete unfairness of the archaic jury system that we have. A system that not only creates a complete advantage for insurance companies, but it also puts every injured victim in the unfair position of essentially overcoming an inherent misunderstanding of jurors why they are being forced in a courtroom leaving their jobs and family without pay for often 2-8 weeks. A system that prevents lawyers from educating the jurors about the involvement of an insurer; of the real discounted losses that the victim is faced with in car accident cases; and of the costs to the victim of being forced to prove a claim dragged on by insurers for sometimes 5-6 years. Every insurer files a jury notice in almost every personal injury matter for a reason. It is negligent for a lawyer or an insurer not to deliver a jury notice. There is no reason for our government to provide insurers with an unfair advantage that has resulted over the last 10 years in massive delay in being able to get to a civil trial. To have to wait 2-3 years to get to a 15-20 day trial date that may or may not go ahead as scheduled is barbaric for victims. Trial by judge alone is at least 50-60% faster and more efficient. Given the COVID risks, it is impossible for the foreseeable future to force our citizens to face the real health risks of sitting on a jury. It would be completely unfair in the circumstances to further delay the civil trial list by keeping juries as part of our civil trial system on personal injury matters (with the possible exception of med mal and sex assault cases). In temporarily removing juries we can free up limited judicial resources and get rid of the delay in getting to a civil trial (which would speed up the ability to get criminal cases dealt with in a timely manner), all at less cost to taxpayers. My suggestion is to temporarily suspend juries in the civil system (with the exception of med mal and sex assault cases) and make our justice system run more smoothly at less cost. I look forward to your decision. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, COVID-19, Personal InjuryJune 12, 2020September 29, 2020
Reduced Travel Restrictions for Relatives of Canadians and PRs Recently, the government announced that “immediate family members” of Canadians and Canadian permanent residents will be exempt from the prohibition on entry to Canada if they are coming to be with their Canadian or PR family member for at least 15 days. This will hopefully serve to reduce the uncertainty many have faced since measures under the Quarantine Act came into force at the end of March, prohibiting entry to Canada for optional and discretionary purposes. Family members seeking to reunite with Canadian spouses, children and parents have up to now been often subject to an assessment by airlines and Canada Border Services Agency personnel about whether they were entering for an “essential purpose.” While ordinary rules regarding entry to Canada will still apply, this latest announcement should mean that those who can demonstrate they are coming to reunite for a period of at least 15 days may do so without having to demonstrate an “essential purpose.” “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, COVID-19, ImmigrationJune 9, 2020September 29, 2020
Supreme Court of Canada Shuts Down Insurer Leave to appeal from the Court of Appeal’s decision in Tomec v Economical Mutual Insurance Company In 2019 ONCA 882 was recently denied by our highest court. This finally shuts down years of refusals by Economical trying to prevent another car accident victim from receiving benefits that ought to have been paid. Ms. Tomec’s 2008 car accident tragically changed her life forever. Economical refused to pay attendant care and housekeeping benefits which became much more important as her condition worsened. Years later having proven catastrophic designation, Economical refused to pay attendant care and housekeeping benefits. Ms. Tomec had to appeal to the Licencing Appeal Tribunal that refused the benefits. This decision was appealed to the Divisional Court which refused to overturn the decision of the LAT. A third appeal to the Court of Appeal was finally successful and Economical was ordered to pay Ms. Tomec. Despite this, Economical attempted to appeal from the Court of Appeal and avoid its obligations. Fortunately, the Supreme Court has now shut down Economical. Victims of car accidents with serious injuries need to be aware of their rights and always need an experienced personal injury lawyer to protect their interests! “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Personal InjuryJune 5, 2020September 29, 2020