Few subjects beguile new lawyers more than the interpretation of commercial general liability insurance policies (CGL).
This includes many corporate-commercial lawyers contributing to complex agreements running into hundreds of pages. Show them a CGL form, and their eyes glaze over. But most CGL policies are only a few pages long, and the longest run a few dozen pages. Once you “get” the basic structure of the agreement, as described by Justice Rothstein at paragraphs 26-28 of the 2010 Supreme Court of Canada decision in Progressive Homes v. Lombard, you’ll wonder why you ever thought the subject so daunting: Continue reading
The reward for approaching every case with an open mind …
Is the chance to see your name in print as counsel.
Lee Akazaki has appeared as counsel in over 79 judicial decisions reported in Quicklaw, as well as 24 decisions in print reports such as the Ontario Reports (O.R.), Dominion Law Reports (D.L.R.), Ontario Appeal Cases (O.A.C.), Canadian Patent Reports (C.P.R.), Canadian Bankruptcy Reports (C.B.R.), Real Property Reports (R.P.R.), Canadian Cases in the Law of Insurance (C.C.L.I.), Canadian Insurance Law Reporter (I.L.R.), Carswell’s Practice Cases (C.P.C.), Ontario Trial Cases (O.T.C.) and All Canada Weekly Summaries (A.C.W.S.) Continue reading
Click on the link to read my article, “Wrongful Birth: An Ironic Name for a Cause of Action in the Law of Medical Malpractice,” The Advocates’ Quarterly Vol. 22, 1999, reprinted by On Examination, Medico-Legal Society of Toronto, Vol. 8, No. 2, 1999, 22AdvocQ102. I have been proven wrong through subsequent case law, but I think the judicial treatment has skirted around the real moral question: when can the birth of a disabled child be considered an actionable wrong?
Click on the link to read my article, “1% Liability: Fact or Fiction of Apportionment in Tort Law?” The Advocates Quarterly, Vol 30, 2005 30AdvocQ104. It was updated and redacted in 2007 here: civmayweb08.
Putting the 1% principle to the empirical test – will it survive scrutiny? Will you ask for your tuition back from your torts prof?