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Monday, August 20, 2018 @ 12:02 PM

What the Canyon Meadows assault decision means to municipalities Video_camera_sm.jpg

In the recent decision McAllister v. Calgary (City) 2018 ABQB 480, the City of Calgary was found liable by the Alberta Court of Queen’s Bench for a random and unprovoked assault which occurred on New Year’s Eve. ... [read more]

Friday, August 17, 2018 @ 11:01 AM

The real causes of most forest fires, plus who is on the hook for them wildfire_sm.jpg

At writing, a large wildfire continues to burn in northeastern Ontario. Known as Parry Sound 33, the fire reportedly started July 18 on Henvey Island First Nation, located north of Parry Sound and south of the Pickerel River. Currently being “held” at more than 11,300 hectares (Aug. 16), workers familiar with the situation maintain that the fire started by wind farm construction taking place in the First Nations community. Henvey Inlet is the site of the province’s largest wind turbine project. At the time of the fire, crews were blasting rock and clearing land in preparation for the erection of dozens of wind turbines. (See original news story here.) ... [read more]

Thursday, August 16, 2018 @ 9:20 AM

ICBC rate structure changes will create more fairness in system: lawyer Scott Stanley, Murphy Battista LLP

The B.C. government is moving to change the three-decade-old rate structure at the provincially owned Insurance Corporation of British Columbia (ICBC), a move an observer said is consistent with basic insurance principles and one that will no longer reward drivers for bad behaviour. ICBC’s current rate structure is built around insuring the vehicle rather than the driver and allowing discounts to drivers despite the possibility of their having multiple crashes. Provincial Attorney General David Eby said that has resulted in British Columbians with crash-free, clean driving records subsidizing bad drivers. ... [read more]

Tuesday, August 14, 2018 @ 8:25 AM

NEGLIGENCE - Causation - Foreseeability and remoteness Motor vehicles - Passengers

Trial on the issue of whether the defendant taxi driver was jointly and severally liable for the plaintiff’s damages for his failure to ensure the plaintiff wore a seat belt. ... [read more]

Friday, August 03, 2018 @ 8:16 AM

Self-driving shuttle pilot project raises privacy concerns Ian Stedman sm

Self-driving buses may be the next part of Toronto’s transit structure as City Council has adopted a preliminary plan to launch an automated shuttle bus project in 2020. However, legal experts have a few concerns about the project’s plan to survey riders and share information with other municipal transportation organizations. The pilot project will test an automated shuttle bus and its potential impact on closing the “last mile” gap — picking up passengers who live just far enough from main transit systems that travel is a challenge. ... [read more]

Thursday, August 02, 2018 @ 11:51 AM

B.C. judge rules confidentiality breach can result in just cause dismissal Sshhhhh_sm.jpg

A recent decision out of British Columbia illustrates that just cause dismissal, despite its high threshold, may be appropriate when dealing with repeated breaches of sensitive or confidential information. ... [read more]

Tuesday, July 31, 2018 @ 11:56 AM

High drama at Ontario’s Licence Appeal Tribunal womaninspiderweb_sm.jpg

Something is rotten in the state of Denmark. ... [read more]

Thursday, July 26, 2018 @ 8:48 AM

Estate planning for millennials: No time like the present mellennials_group_sm

As millennials enter the workforce and begin acquiring their own assets, it is important to turn our mind to the aging population and the significant wealth transfer by baby boomers to millennials over the next several decades. In preparation, the younger generation should consider preparing a will, giving careful consideration to who they wish to benefit, and taking steps to protect family wealth. ... [read more]

Wednesday, July 25, 2018 @ 11:46 AM - Last Updated: Wednesday, July 25, 2018 @ 3:07 PM

Automobile insurance changes need significant revamp: B.C. trial lawyers John Rice, secretary/treasurer, Trial Lawyers Association of British Columbia

The organization representing trial lawyers in British Columbia has added its voice to the groups urging the provincial government to alter its controversial changes to automobile insurance. ... [read more]

Wednesday, July 18, 2018 @ 9:04 AM

Court confirms standard of care of occupier under s. 3 of Occupiers’ Liability Act wintercarnival_sm.jpg

Municipalities and cities often host events to bring their citizens together to create a sense of community and spirit amongst its residents. Whether it be through fairs, sport, cultural events or seasonal festivals, a function of government is to engage with its citizenry outside of the mundane roles of law and order and tax collector. However, when undertaking such community based programs, a municipality’s exposure to liability becomes more prevalent. Recently, the Ontario courts had an opportunity to consider the potential liability of a municipally in such a circumstance. ... [read more]