On Tapp

April 17, 2018

What is JADR ?

by Sadira Garfinkel

“JADR” stands for Judicially Assisted Dispute Resolution. It is a mediation process offered by the Manitoba Court of Queen’s Bench to assist parties in the litigation process to come to a resolution without the need for a formal trial. A JADR is voluntary (meaning all parties must agree to participate) and relatively informal. The process is available for both civil matters and family proceedings.

How do parties “Opt In” to a JADR?

At any point after the close of pleadings (i.e. after the claim and defence have been filed), the parties can choose to initiate the JADR process. The process is initiated by the parties (or their counsel) jointly writing to the Associate Chief Justice of the Court of Queen’s Bench to inform the Court of their intention to make use of the process and to request that a judge be assigned to the matter.

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April 10, 2018

When should you appeal the decision to deny disability benefits?

by Jason Harvey

This is a question that I receive quite often. You’ve applied for long term disability insurance and your insurer has denied your claim . Or, you were receiving long term disability insurance and your insurer has terminated your benefits. Either way, you should have received a letter from the insurer advising you of its decision. Invariably, the insurer advises you that if you disagree with its decision you may appeal it to their appeal panel. It often gives you a certain period of time to do so.

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April 4, 2018

WHAT IS A MEDICAL MALPRACTICE CLAIM?

by Chris Wullum

Medical malpractice claims refer to lawsuits brought against health care professionals, such as doctors, nurses and hospitals, where substandard medical care was provided that resulted in preventable injuries. It is important to remember that not all adverse outcomes from medical care are the result of medical malpractice. Some complications and poor outcomes are simply unavoidable as there is never a guarantee of a perfect outcome from medical care, even if the treatment appears to be routine.

However, every year, a significant number of preventable adverse medical events occur in Canada that may involve substandard care, or negligence, by health care professionals. These situations may be suitable for pursuing a medical malpractice lawsuit.

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March 27, 2018

How do you challenge the validity of a Will in Manitoba?

by Kathleen Coutts

After a person’s death, their estate can usually be administered without much contention on the basis of the Will, and by seeking a Grant of Probate from the Court.

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March 23, 2018

WHAT ARE THE STEPS IN A CIVIL LITIGATION CASE IN MANITOBA

by Chris Wullum

The decision to pursue a civil litigation case should only be done after careful consideration of the merits and risks involved and receiving legal advice on your options. Commencing the litigation process usually starts with the filing of a court document that names the parties to the lawsuit. Within this document, the parties that are bringing the claim and seeking certain relief or damages are known as the “plaintiffs”, and the parties being sued and contesting the claim for relief or damages are known as the “defendants”.

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