Time will tell if Ontario courts will also begin to hold drivers responsible for vehicles that are ill equipped for winter weather;
however, given the
recent case
law and
in light of the
recent legislative
changes, it appears likely that courts will begin holding drivers responsible, especially
in the more remote and northerly jurisdictions
in Ontario.
Insurance claims can
however, lead to complex coverage disputes and professional negligence claims and Lawyer Monthly speaks with Insurance Litigation Partner, Nicola Maher of Edwin Coe LLP, who discusses the
recent and future
changes and developing trends
in insurance
law.
The Federal Circuit squarely addressed the issue
in its recent In re Micron Tech opinion, finding that TC Heartland qualifies as a change - of law and thus an alleged infringer's defense of improper venue has not been waived simply through the failure to raise the defense pre-TC Heartland.5 However, the Federal Circuit also warned that these same venue challenges are still vulnerable to rejection by other mean
in its
recent In re Micron Tech opinion, finding that TC Heartland qualifies as a change - of law and thus an alleged infringer's defense of improper venue has not been waived simply through the failure to raise the defense pre-TC Heartland.5 However, the Federal Circuit also warned that these same venue challenges are still vulnerable to rejection by other mean
In re Micron Tech opinion, finding that TC Heartland qualifies as a
change - of
law and thus an alleged infringer's defense of improper venue has not been waived simply through the failure to raise the defense pre-TC Heartland.5
However, the Federal Circuit also warned that these same venue challenges are still vulnerable to rejection by other means.