The Tort of Conversion, Employment Relationships and Intangible Property

Uncertainty Over Role of Intangible Property in Conversion Claims Conversion is the legal term of art for a tort – civil cause of action – whereby a person takes, uses or destroys property belonging to another.[1] In the case of Tar Heel Investments Inc. v. HL Staebler Co. Ltd., conversion was one of the causes of action pled; what made it somewhat unique was that the property alleged converted was an intangible piece of property called a book of business. A book of business is a list of customers that a salesperson or business has, which, as a whole, is…

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Accident Benefits and a Dated Accident

Case Study of Shwaluk v. Royal & Sun Alliance, 2023 CanLII 19831 (ON LAT) The Applicant was injured in a MVA on July 29, 1994. She sought accident benefits from her insurer, Lumbermen’s Mutual Casualty Company – which was later acquired by the respondent, Royal & Sun Alliance Insurance. Certain benefits were paid between 1994-1996 but some benefits were denied; and so, the Applicant applied to the LAT for dispute resolution. On November 12, 2015 the Applicant successfully applied to have her file reopened, alleging certain impairments caused by the MVA had worsened. The Respondent first denied a causal connection…

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The New Tort of Family Violence

Learn about a recently created area of family-related liability The basic facts of this case are that it was a 17-year marriage; they were introduced to each other by their families in India; there were two children; the parties immigrated to Canada to pursue economic opportunities; they were both well-educated; the mother was responsible for caregiving while the father earned income outside the home. They separated in 2016 with the mother and children continuing to reside in the matrimonial home. At the end of this case, the mother was awarded the proceeds of sale of the matrimonial home, retroactive and…

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The Effectiveness of Nonproduction Arguments and the Persuasiveness of Uncontradicted Objective Medical Evidence

Case Study of Liu v. Certas Direct Insurance Company, 2023 CanLII 1452 (ON LAT) Liu v. Certas Direct Insurance Company is a recently published case that both indicates that an insurance company’s argument of nonproduction is ineffective if they failed to make a thorough investigation and also explores treatment of an accident benefits applicant’s medical evidence where uncontradicted by opposing evidence. In this case, the applicant was injured in a MVA that happened on June 23, 2019. She applied for accident benefits and, after the respondent insurer denied certain of these benefits, applied to the License Appeal Tribunal for dispute…

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Refused a Student Permit, Work Permit or Visitor’s Visa?

Find Out About a Legal Option Called Judicial Review If you have been refused temporary residence (such as for work, academic study or visiting friends or family), then there is a certain amount of time (15 days, if the matter arose inside of Canada, or 60 days, if the matter arose outside of Canada) to apply for a judicial review of that refusal decision. Judicial review is based on the rule of law. The rule of law is a principle of law and basically means that everyone, citizens and government alike, is subject to the law and no one is…

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Joint Occupiers’ Liability to Each Other

How the court determined that occupiers owe a duty of care to other occupiers of the same property In the 2020 case of Nolet v. Fischer,[1] the Ontario Court of Appeal grappled with the issue of whether an occupier of premises owes a duty of reasonable care to another occupier of the same premises. The basic facts of the instant case were that the parties had entered into a relationship in 2008; the appellant moved into the respondent’s home in 2010; and they separated and he moved out in 2012. On the day in question, the appellant was in the…

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Canadian Immigration Law Fresh Topics

Canada’s immigration level plan, express entry changes and IRCC’s backlog The Government of Canada has released an immigration level plan for the next three years which has been described as record-high and precedent-setting. For the economic class of permanent residents, it will target to approve 465,000 in 2023, 485,000 in 2024 and 500,000 in 2025. Meanwhile, for the family class, the IRCC will try to approve 266,210 in 2023, 281,135 in 2024 and 301,250 in 2025. 106,500 in 2023, 114,000 in 2024 and 118,000 in 2025 is the aspiration for the refugees and protected persons category. Last, with regard to…

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Excessive Immigration Application Delay and the Mandamus Remedy

Find out about an option if faced with an extreme processing delay The writ of mandamus is an order that a superior or federal court can make which involves requiring a tribunal to take action it refuses to take. The Supreme Court of Canada has found that in matters of administrative delay, the appropriate remedy is to apply to court for an order of mandamus. Therefore, if faced with a delay in the processing of one’s immigration application, one may apply for an order of mandamus against the applicable government authority – The Minister of Citizenship and Immigration. Before the…

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Three News Items About Ontario Personal Injury Law

Slip-and-fall trends, extra-jurisdictional liability and possible Canada disability benefit One trend that has attracted notice is the statistics surrounding slip-and-fall accidents. During the first year of the Covid-19 pandemic, there was, according to the Canadian Institute for Health Information, a 25% decrease in injuries from falls on ice that resulted in hospitalization. In the 2021 year, some lawyers observed a rise – although, the numbers were moderated by a mild winter. As well, a significant change in the law of slip-and-fall accidents came into effect during the Covid-19 pandemic; namely, Bill 118 which introduced new limitation periods. Previously, the general…

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Impact of Psychometric Evidence on Psychological Impairment Determination

Case Study of Gao v. Aviva, 2022 CanLII 120024 Gao v. Aviva is a recently published case that explores how psychometric testing results indicating a mental health diagnosis, even in reports whose conclusions directly conflict with each other, can strongly favor a determination that there was a psychological impairment as a result of a MVA. In this case, the applicant was injured in a MVA that occurred on April 20, 2019. She sought accident benefits, some of which the respondent denied, and therefore she brought the matter before the LAT for dispute resolution. The issues were whether the applicant was…

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