In this post, I comment on the reasonableness standard of review for Insurance Act disputes before the Licence Appeal Tribunal (“LAT). As I wrote this blog post, the Supreme Court granted leave to appeal in Minister of Citizenship and Immigration v. Alexander Vavilov and its companion cases, indicating that it planned to revisit Dunsmuir. While Dunsmuir provided what […]
Recently in Austin Benson, the Ontario Superior Court of Justice decided that British Columbia law should apply in determining an insured person’s entitlement to Ontario statutory accident benefits. The facts of Benson are simple. Mr. Benson was a resident of Ontario living in British Columbia. At the time of the accident, he was a passenger […]
In Toronto Dominion Bank, NA v Lloyd’s Underwriters, 2017 ONCA 1011 [TD], the Ontario Court of Appeal opined on the fine details of Ontario’s summary judgment rule. In TD, TD Bank sought a declaration that it was entitled to indemnity under an insurance policy for loss relating to a Ponzi Scheme run by a Florida lawyer who flowed […]
I recall one of my professors from law school lecturing on about the importance of juries to democracy and the common law system. A jury of one’s peers is the ultimate adjudicator, a set of one’s equals that may dispense with unbiased justice. So why are potentially important facts withheld from Ontario juries in motor […]
Properly characterizing an issue or legal approach can have a great impact on the outcome of a case, if only by making some facts more relevant than others. Kruger Incorporated v Canada highlights this point in the context of business taxation law and statutory interpretation law.
With Donald Trump’s election, Brexit, and a slew of other events, international trade is at the forefront of political commentary around the world. I wanted to share an interesting case I came across, one that highlights the dizzying complexity of tax and international trade law. I recently discovered the blog site, Law and the Multiverse, […]
Marginal Tax Rates, Tax Credits, and Tax Deductions: The Basics of Computing a Tax Liability Introduction This comment introduces readers to the calculation of tax payable under Part 1 of the Income Tax Act, and the difference between tax deductions and tax credits. Generally, all income earned from employment, business, or a property is taxable. […]