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Ground-Breaking Tag

Kelly + Singh Lawyers LLP > Posts tagged "Ground-Breaking"

Are Accident Victims Getting A Fair Hearing Before The LAT?

LAT unfair decision making

When deciding whether an adjudicative proceeding like a trial or a tribunal hearing has been conducted fairly, appellate judges will often cite a fundamental judicial principle: “that justice must not only be done but must be seen to be done”. This principle stands for the fact that the public needs to have confidence that any such hearings are decided  by the judge or adjudicator based on the evidence presented by the parties at the hearing in a fair and open forum.  Part of this process means that the judge or adjudicator allows the parties to make submissions on points to...

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Is Your Car Insurance Company Violating Your Privacy Rights?

Auto Insurance Privacy Rights

If you are seriously injured in a car accident, there are two types of claims that can be made. One is the no fault claim from your own insurance company for accident benefits, and the other is a lawsuit or court claim, against the at fault driver. In Ontario, there are a number of very large insurance companies that sell car insurance, because of this sometimes your car insurance company may also be the same company that insures the person at fault for your injuries. Even though you can make two separate claims, it is the same insurance company behind the...

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Kelly + Singh Win Precedent Court of Appeal Ruling Affirming Parties Obligations in Summary Judgment Proceedings

appellate advocacy

Many people believe that if they have a legal case, they are entitled to their “day in court” with a full trial and a chance to tell their story in front of a judge and/or a jury.  They may find out however that their case will be decided based on documents, and lawyers making arguments on a “summary judgment motion”.  The Supreme Court of Canada recently decided that to save time and expense, this process should be used more, and as lawyers we’re seeing more and more cases being dealt with in this way.  If a case or issue really...

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