Launch of New Cyber Law Blog

As you may have noticed, a number of my posts have dealt with articles that address recent cyber law topics such as Facebook, Twitter and Blogging in the context of civil litigation in Canada. In an effort to create a more “focused” forum for law and technology issues, I have recently started up a cyber law blog with Richard Bortnick of [...]

Limitation Periods for Property Damage Losses in Canada

What is a Limitation Period?
All legal proceedings, including subrogated recovery actions, must be commenced within a certain period of time set out by legislation. The time period in which an action can be brought is called a limitation period. It is also sometimes called a prescription period. If an action is not brought within the [...]

What is Subrogation?

In Canada, generally speaking, subrogation refers to the legal right of an insurance company that has indemnified its customer for loss or damage pursuant to an insurance policy to ’step into the legal shoes’ of its customer and bring a lawsuit in the customer’s name against third parties that caused the loss or damage.  Subrogation serves a number [...]

New Subrogation & Recovery Blog!

Cozen O’Connor’s Subrogation & Recovery Blog is finally up!  The Blog deals with current issues and developing trends in the field of subrogation and recovery, both in Canada and the US. The contributors include some of the leading attorneys in this area.

Understanding the “Burden of Proof” in Subrogated Actions: A Brief Tutorial

As a lawyer once remarked when explaining his trial strategy to clients, “If the law is on your side, pound on the law. If the facts are on your side, pound on the facts. If neither is on your side, pound on the table.”  During the process of adjusting and investigating a claim, the notion [...]

Spend Long Hours on Facebook? Claim You Can’t Work and You’re On the Hook!

A British Columbia Court agreed that a plaintiff’s late night computer usage on Facebook was relevant to his claim that he was unable to work. The Court ordered production of his computer hard drive to determine the period of the time he spent on Facebook between 11 p.m. and 5 a.m.
In Bishop v. Minichiello, [2009] [...]

Production of Facebook Profiles for Use in Civil Litigation

FACEBOOK IN THE COURTROOM

In a recent decision of the Ontario Superior Court of Justice issued on February 20, 2009, Justice Brown ordered the production of a plaintiff’s private Facebook profile.   This is the second Canadian decision to order production of private Facebook pages for use in personal injury insurance litigation.  The full text of Justice Brown’s decision, Leduc v. [...]