http://www.harpergrey.com/ Harper Grey RSS Feed en-us Copyright 2012, Harper Grey stannock@pencilnecksoftware.com (Natasha Chetty) support@pencilnecksoftware.com (Pencilneck Software) Wed, 22 Feb 2012 18:52:00 GMT Pencilneck Software Pencilneck CMS v. 4.3 (http://www.pencilnecksoftware.com) http://blogs.law.harvard.edu/tech/rss 60 http://www.harpergrey.com/news/2012/02/article379/ The Missing Women Commission of Inquiry began proceedings in Vancouver, BC on October 11, 2011. Harper Grey's Bryan Baynham, QC is providing pro bono assistance to Robyn Gervais, independent counsel for aboriginal interests. Ms. Gervais has published a summary of the testimony provided during the week of February 6th, 2012. She has added a list of future witnesses and expert evidence to be presented. Readers are welcome to contact her with questions or comments as the Inquiry proceeds. stannock@pencilnecksoftware.com (Robyn dean Gervais) News http://www.harpergrey.com/news/2012/02/article379/ Tue, 21 Feb 2012 06:00:00 GMT http://www.harpergrey.com/administrative/2012/02/article378/ The Attorney General of Canada successfully sought judicial review of a decision of the Canadian Human Rights Commission in which it had forwarded the complaint of Cam-Linh Tran to the Canadian Human Rights Tribunal. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/02/article378/ Tue, 21 Feb 2012 06:00:00 GMT http://www.harpergrey.com/administrative/2012/02/article377/ A complainant's application to the Law Society of Alberta to disclose its investigative report was dismissed. On judicial review, the Court agreed stating that a self-regulating profession has a duty to the public to respond to complaints properly, and disclosure of its records might hamper its ability to investigate complaints. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/02/article377/ Tue, 21 Feb 2012 06:00:00 GMT http://www.harpergrey.com/administrative/2012/02/article376/ The duty of fairness dictates that a decision maker cannot be involved in every level of an applicant's proceedings. Such involvement creates a reasonable apprehension of bias. This can apply even if the ultimate issue becomes moot. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/02/article376/ Tue, 21 Feb 2012 06:00:00 GMT http://www.harpergrey.com/administrative/2012/02/article375/ Catalyst Paper Corporation (the "Mill"), sought to have a decision upholding a municipal taxation bylaw, that it claimed was unreasonable, set aside. The Supreme Court of Canada was asked to pronounce on Courts' power to review municipal taxation bylaws. The Court dismissed the appeal. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/02/article375/ Tue, 21 Feb 2012 06:00:00 GMT http://www.harpergrey.com/news/2012/02/benchmarklitigation/ Three Harper Grey LLP partners were recently named "Litigation Stars" by Benchmark Litigation, the definitive guide to Canada's leading litigation firms and attorneys. Bryan Baynham, QC, Terry Robertson, QC and Chris Rusnak were selected for inclusion. "Benchmark Canada" is the culmination of a four-month research period, in which researchers conducted extensive interviews with litigators and their clients. stannock@pencilnecksoftware.com (Benchmark Canada) News http://www.harpergrey.com/news/2012/02/benchmarklitigation/ Fri, 17 Feb 2012 06:00:00 GMT http://www.harpergrey.com/news/2012/02/article373/ Michael Thomas will give a presentation to the Medical Legal Society of British Columbia on the topic of "Obligations and Liabilities Associated with a Physician Acting as an Expert". The event will be held at the Terminal City Club, 837 West Hastings St., Vancouver, B.C. This seminar has been accredited by the Law Society of B.C. , the College of Family Physicians of Canada and The Royal College of Physicians and stannock@pencilnecksoftware.com () News http://www.harpergrey.com/news/2012/02/article373/ Thu, 16 Feb 2012 06:00:00 GMT http://www.harpergrey.com/insurance/2012/02/article372/ An insurer denied payment on a life insurance policy following the death of the insured in a plane crash, based on an exclusion clause requiring the insured to have the "required licence" to fly. The decision was upheld because the insured's medical certificate had expired one year before the accident. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/02/article372/ Wed, 15 Feb 2012 06:00:00 GMT http://www.harpergrey.com/insurance/2012/02/article371/ An insurer was found to have a duty to defend university employees in the context of claims by a former student for misappropriation of ideas and use of concepts. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/02/article371/ Wed, 15 Feb 2012 06:00:00 GMT http://www.harpergrey.com/insurance/2012/02/article370/ The one year limitation period set out in clause 6(c) of the SEF 44 endorsement may start to run only when a judgment or binding settlement legally fixes the amount of those claims. This will often allow an injured person sue later than the ultimate "ten year" statutory section 3(1)(b) of the Limitations Act. Section 7(1) of the Limitations Act expressly allowes that extension. Alternatively, section 647 of the Insurance Act permits the contractual limitation period in the endorsement. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/02/article370/ Wed, 15 Feb 2012 06:00:00 GMT http://www.harpergrey.com/insurance/2012/02/article369/ Where an insurer acts as a claims administration service only but makes decisions regarding the adjudication of claims, computation and issuance of benefits it owes a duty to the insured to act in good faith as it was adjudicating claims and benefits. As such, the traditional tort of intentional procurement of breach of contract is broad enough to capture bad faith actions by an adjuster that bring about the rejection of a meritorious claim for insurance benefits. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/02/article369/ Wed, 15 Feb 2012 06:00:00 GMT http://www.harpergrey.com/news/2012/02/article368/ The Missing Women Commission of Inquiry began proceedings in Vancouver, BC on October 11, 2011. Harper Grey's Bryan Baynham, QC is providing pro bono assistance to Robyn Gervais, independent counsel for aboriginal interests. Ms. Gervais has published a summary of the testimony provided during the week of February 6, 2012. She has added a list of future witnesses and expert evidence to be presented. Readers are welcome to contact her with questions or comments as the Inquiry proceeds. stannock@pencilnecksoftware.com (Robyn dean Gervais) News http://www.harpergrey.com/news/2012/02/article368/ Mon, 13 Feb 2012 06:00:00 GMT http://www.harpergrey.com/publications/2012/02/article367/ stannock@pencilnecksoftware.com () Publications http://www.harpergrey.com/publications/2012/02/article367/ Mon, 13 Feb 2012 06:00:00 GMT http://www.harpergrey.com/news/2012/02/nssrc/ Harper Grey LLP has renewed our annual support of the Balance Program at the North Shore Stroke Recovery Centre. The $5,000 donation supports the Centre in providing the services of a neurophysiotherapist who leads balance classes for individuals recovering from strokes. The one-to-one sessions help people regain skills, develop milestones and increase confidence through exercises and therapy. stannock@pencilnecksoftware.com () News http://www.harpergrey.com/news/2012/02/nssrc/ Tue, 07 Feb 2012 06:00:00 GMT http://www.harpergrey.com/news/2012/02/article365/ The Missing Women Commission of Inquiry began proceedings in Vancouver, BC on October 11, 2011. Harper Grey's Bryan Baynham, QC is providing pro bono assistance to Robyn Gervais, independent counsel for aboriginal interests. Ms. Gervais has published a summary of the testimony provided during the week of January 30, 2012. She has added a list of future witnesses and expert evidence to be presented. Readers are welcome to contact her with questions or comments as the Inquiry proceeds. stannock@pencilnecksoftware.com (Robyn dean Gervais) News http://www.harpergrey.com/news/2012/02/article365/ Tue, 07 Feb 2012 06:00:00 GMT http://www.harpergrey.com/news/2012/01/article364/ The Missing Women Commission of Inquiry began proceedings in Vancouver, BC on October 11, 2011. Harper Grey's Bryan Baynham, QC is providing pro bono assistance to Robyn Gervais, independent counsel for aboriginal interests. Ms. Gervais has published a summary of the testimony provided during each week of the Inquiry. Readers are welcome to contact her with any questions. stannock@pencilnecksoftware.com (Robyn dean Gervais) News http://www.harpergrey.com/news/2012/01/article364/ Mon, 30 Jan 2012 06:00:00 GMT http://www.harpergrey.com/administrative/2012/01/article363/ A physician’s application for judicial review of the decision of the Ministry of Health and Long Term Care “and/or” the general manager of Ontario Health Insurance Plan (OHIP) denying him payment for medical services billed in 2002, 2003, and 2004 was set aside on the basis of delay. While the physician had distractions, there was no satisfactory explanation provided for the excessive delay in bringing the judicial review application and there was evidence of actual prejudice to the respondent. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/01/article363/ Thu, 26 Jan 2012 06:00:00 GMT http://www.harpergrey.com/administrative/2012/01/article362/ The Inquiries Complaints and Reports Committee of the College of Nurses of Ontario (the “ICRC”) is a screening committee and not a quasi-judicial one, it still owed a disclosure obligation to the applicant member of the College. In this case, the College agreed that the decision of the ICRC should be quashed and the matter remitted to a differently constituted panel of the ICRC, with directions that the applicant be allowed to make submissions in respect of seven witness statements. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/01/article362/ Thu, 26 Jan 2012 06:00:00 GMT http://www.harpergrey.com/administrative/2012/01/article361/ The appeal by a union from a decision overturning a Chambers judge’s decision to set aside an arbitrator’s decision due to insufficient reasons was dismissed where the Court found that the arbitrator’s decision was reasonable and the reasons allowed a reviewing Court to understand why the tribunal had made its decision and permitted it to determine whether the conclusion was within the range of acceptable outcomes. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/01/article361/ Thu, 26 Jan 2012 06:00:00 GMT http://www.harpergrey.com/administrative/2012/01/article360/ The appeal by the Alberta (Information and Privacy Commissioner) of the decision to quash an adjudicator’s ruling that the Commissioner had lost jurisdiction due to the failure to extend the period for the completion of an inquiry was allowed where the Court found that the implied decision of the Commissioner to extend time, which was adopted by the delegated adjudicator, was reasonable. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/01/article360/ Thu, 26 Jan 2012 06:00:00 GMT http://www.harpergrey.com/news/2012/01/article/ The Missing Women Commission of Inquiry began proceedings in Vancouver, BC on October 11, 2011. Harper Grey's Bryan Baynham, QC is providing pro bono assistance to Robyn Gervais, independent counsel for aboriginal interests. Ms. Gervais has published a summary of the testimony provided during each week of the Inquiry. Readers are welcome to contact her with any questions. stannock@pencilnecksoftware.com (Robyn dean Gervais) News http://www.harpergrey.com/news/2012/01/article/ Mon, 23 Jan 2012 06:00:00 GMT http://www.harpergrey.com/news/2012/01/article354/ The Missing Women Commission of Inquiry began proceedings in Vancouver, BC on October 11, 2011. Harper Grey's Bryan Baynham, QC is providing pro bono assistance to Robyn Gervais, independent counsel for aboriginal interests. Ms. Gervais has published a summary of the testimony provided during the seventh week of the Inquiry. She has added a list of future witnesses and expert evidence to be presented. Readers are welcome to contact her with questions or comments as the Inquiry proceeds. stannock@pencilnecksoftware.com (Robyn dean Gervais) News http://www.harpergrey.com/news/2012/01/article354/ Mon, 16 Jan 2012 06:00:00 GMT http://www.harpergrey.com/insurance/2012/01/article353/ An appeal from an order dismissing applications to strike out third party claims. The appeal was allowed. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/01/article353/ Mon, 16 Jan 2012 06:00:00 GMT http://www.harpergrey.com/insurance/2012/01/article352/ An application by a long term disability insurer to dismiss a claim commenced by an insured on the basis that the claim was barred by the expiration of the limitation period. The application was dismissed and costs awarded to the plaintiff. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/01/article352/ Mon, 16 Jan 2012 06:00:00 GMT http://www.harpergrey.com/insurance/2012/01/article351/ The plaintiff was successful in arguing that injuries sustained during an assault in which the assailants made use of his vehicle were injuries that arose directly from the use or operation of the vehicle. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/01/article351/ Mon, 16 Jan 2012 06:00:00 GMT