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Thursday, November 07, 2019 @ 9:24 AM

Defendant liable for plaintiff jumping out of bus School bus

In Little v. Floyd Sinton Limited 2019 ONCA 865, the plaintiff was largely successful in an appeal involving an incident where the plaintiff jumped out of the back of a moving school bus. ... [read more]

Wednesday, November 06, 2019 @ 8:42 AM

Defining death: Court of Appeal weighs in life_support_sm

How do we know when someone has died? This question has been the subject of debate in Western societies since at least the 18th century, and in modern times has become increasingly fraught due to advancements in medical knowledge and resuscitative technology. ... [read more]

Tuesday, November 05, 2019 @ 2:07 PM

Quebec, Ottawa applaud Justice Kasirer, province’s new role in nominating Quebec SCC judges Chief Justice of Quebec Nicole Duval Hesler with Supreme Court of Canada Justice Nicholas Kasirer

The Supreme Court of Canada saw a rare display of federal-provincial unanimity Nov. 4 as the attorneys general of Canada and Quebec jointly hailed the top court’s newest judge and the province’s beefed-up role in the reformed process that culminated in Justice Nicholas Kasirer’s nomination. “The nomination of Justice Kasirer to the court is historic,” Attorney General of Canada David Lametti said of the new process during the welcoming ceremony in the Supreme Court’s courtroom which was packed with Justice Kasirer’s family and friends, along with many legal lights from the bar and bench in Quebec and across Canada. ... [read more]

Tuesday, November 05, 2019 @ 6:23 AM

AUTOMOBILE INSURANCE - Exclusions - Uninsured or underinsured motorist coverage

Appeal by AllState Insurance from summary judgment declaring that AllState was obliged to respond to the plaintiff’s underinsured coverage claim. ... [read more]

Monday, November 04, 2019 @ 12:48 PM

McLachlin on A2J, climate change, sexual assault, AI, pro bono, lawyers’ ‘vital’ role Beverley McLachlin

The Charter may offer an avenue for combating climate change, former Chief Justice of Canada Beverley McLachlin says as climate litigation ramps up here and in the rest of the world. “I think the main obligation, constitutionally, for tackling this major problem rests with the federal government and the provinces — but courts are part of the picture because the [Charter s. 7] right to life, liberty and security of the person is something that all of us are entitled to, and climate change may tie into that,” Canada’s former top judge suggested in a wide-ranging LexisNexis Canada webinar on access to justice Oct. 10. ... [read more]

Thursday, October 31, 2019 @ 5:00 PM - Last Updated: Friday, November 01, 2019 @ 10:42 AM

SCC rules on civil law’s ‘presumption of life’ that applies for first 7 years person is missing Chief Justice Richard Wagner

The Supreme Court of Canada has ruled 6-3 that a Quebec woman who inherited from her late ex-spouse must repay nearly half-a-million dollars in pension benefits his estate received while he was missing and presumed alive before his remains were found. The Oct. 31 majority decision co-authored by Chief Justice Richard Wagner and Justice Clément Gascon dismisses Lynne Threlfall’s appeal: Threlfall v. Carleton University 2019 SCC 50. ... [read more]

Tuesday, October 29, 2019 @ 12:20 PM

Clément Gascon reflects on 5 years at SCC; says access to justice ‘huge challenge’ for bar, bench TLD Exclusive

Lawyers could face mandatory pro bono obligations if they don’t rise to the “huge challenge” of facilitating civil access to justice for Canadians who can’t afford their services, newly retired Supreme Court of Canada Justice Clément Gascon tells The Lawyer’s Daily. ... [read more]

Tuesday, October 29, 2019 @ 8:14 AM

ACTIONS - Practice and procedure - Costs

Appeal by the defendant insurer from the award of special costs against it. ... [read more]

Monday, October 28, 2019 @ 8:31 AM

What constitutes a material change in risk: A review of two recent decisions Man about to walk tightrope

When does an insured’s failure to disclose a material change in risk to its insurer entitle the insurer to void an insurance policy? Two recent BC Supreme Court cases considered this question in the context of home insurance policies. ... [read more]

Friday, October 25, 2019 @ 10:31 AM

Giving consideration to plaintiffs’ right to sue Man falling

When the evidence in a personal injury action suggests that one or more of the parties were working when the accident occurred, insurers and defence counsel should turn their minds to whether the action is suitable for a Right to Sue Application. ... [read more]