Reading Insurance Law – Of Emperors and Clothes

We lawyers can sometimes adopt a herd mentality.  A senior lawyer or judge says something.  You go back and read the case.  You may be reluctant to voice your difference.  That’s how we, as a profession, can just get things wrong.  The example here comes from insurance law, but you can apply it to your… Read More

Solving the conundrum of the Canadian tripartite retainer

(le sommaire français suit) Discussion of the 2000 Court of Appeal for Ontario decision, Fellowes McNeil v. Kansa, in my recent article, “No Unbundling of Negligence,” has tapped into a continuing discussion of the precise ethical obligations of lawyers and law firms retained by liability insurers to defend parties in lawsuits, and who “stumble upon”… Read More

Wrongful Birth: An Ironic Name for a Cause of Action in the Law of Medical Malpractice

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… Read More