By: Daniel Dooley and Erin H. Durant Dooley Barristers Professional Corporation Barrie, Ontario Barrie-Simcoe Insurance Brokers Association Luncheon November 28, 2012 During the holiday season many of us will attend holiday functions where the consumption of alcohol is prevalent and, occasionally, encouraged. Organizations such as Mothers Against Drunk Driving and...
Proportionate Liability v. Joint & Several Liability Debate The Advocates’ Society Fall Convention 2012 Nevis, West Indies November 16, 2012 Position Our tort system is “grounded in the primal concept” that “liability is based on fault”.[1] Joint and several liability is a glaring exception. It often results in liability for...
“The rule of law”, whatever it is, has recently received far better publicity than has the Government of Canada. Some commentators appear to believe that the rule of law really is a “rule” that gives the judiciary jurisdiction superior to that of Parliament even as...
[caption id="attachment_1374" align="alignleft" width="300"] Demonstrative Evidence - Cognitive Overvaluing Search Truth[/caption] People remember the pictures. However, some pictures do not deserve to be remembered. Not in preference to more cogent evidence. But it may not enhance the search for truth. The search for truth is sacrosanct. Courts are vigilant...
Inadequate pricing and deficient loss reserves have often been a significant factor when Canadian insurance companies have failed.[1] In fact, 14 of the 21 insolvent Canadian insurers over the past 30 years failed due to inadequate pricing, deficient loss reserves or rapid growth.[2] In 1981, the...