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Tuesday, May 15, 2018 @ 8:34 AM

The futility of critique reports by expert witnesses courtroom silhouette_sm

While expert witnesses are traditionally retained to provide their opinion on an issue in a case, parties sometimes retain experts for a more tactical purpose — to critique the opposing expert. In this fifth article in a series on expert evidence, we highlight three decisions in which courts have questioned the utility of an expert witness’s “critique report”, and have ultimately placed little to no weight on it or excluded the evidence altogether. ... [read more]

Monday, May 14, 2018 @ 9:26 AM

Federal insurance oversight bodies seeking input on customer service regulations Nicole Mangan, Richards Buell Sutton LLP

Two oversight bodies for Canada’s insurance regulators are currently seeking input on new recommendations to ensure fair treatment of customers, and legal experts are saying it reflects a move to get regulations more consistent across the provinces as well as in line with international standards. ... [read more]

Friday, May 11, 2018 @ 6:29 PM

SCC rules garage owner owed no duty of care to secure car from joyriding youth who crashed David Young

A youth who was catastrophically brain-injured as a result of a drunken joyride in a car he helped steal from a garage parking lot faces a more difficult future after the Supreme Court ruled 7-2 that the garage owed him no duty of care as it was not reasonably foreseeable that the defendant’s actions in leaving the car unlocked, with the keys in the ashtray, would lead to the teenager being injured in a car crash. ... [read more]

Friday, May 11, 2018 @ 9:18 AM

Malpractice lawyers divided on Goudge report detailing costly, sluggish system Paul_Harte_sm

A new report slamming sluggish and costly medical malpractice litigation in Ontario will likely change nothing because doctors’ reputations are still being placed ahead of compensating victims, say lawyers who act for injured patients. ... [read more]

Friday, May 11, 2018 @ 8:40 AM

INSURERS - Duties - Duty to defend

Appeal by an insurer from an order requiring it to defend the respondents in a personal injury claim. ... [read more]

Tuesday, May 08, 2018 @ 12:11 PM

Langlois grows team in Quebec

Langlois lawyers has expanded its Quebec legal team. Sophie Hébert, Xavier Berwald-Grégoire and Mélissa Bazin have joined the Montreal office, while Vincent Tremblay, Marie-Pier Auger and Virginie Beauchemin are now part of the Quebec City operations. ... [read more]

Thursday, May 03, 2018 @ 9:00 AM

Duty of an occupier spelled out in slip and fall appeal occupier_liability_sm

On March 27, 2018, the Ontario Court of Appeal released a decision in the case of Tondat v. Hudson’s Bay Company 2018 ONCA 302. The case involved a slip and fall accident at a Hudson’s Bay department store and provides important lessons for retail stores and other occupiers. ... [read more]

Friday, April 27, 2018 @ 2:25 PM

International Day of Mourning a reminder to keep employees healthy and safe injuredworkers_sm

Years ago, employees used to take on safety-sensitive jobs such as mining or railroad work knowing that there was a risk to their health or safety and assuming the risks inherent with that occupation. In recent years there has been a shift in both mentality and legislation in terms of safety on the job in Canada. ... [read more]

Thursday, April 26, 2018 @ 10:37 AM

How courts apply ‘no property in a witness’ principle to expert testimonies expertwitness

The long-standing principle that “there is no property in a witness” allows any party in an action to interview the same witness and to admit evidence from the same witness in court. While this principle is often practised in the context of fact witnesses, it is less common to see opposing counsel retain the same expert in an action. ... [read more]

Wednesday, April 25, 2018 @ 3:21 PM

Car owner’s liability vs. that of repair shop at centre of Alberta workers’ compensation appeal David_Kitchen_sm

A recent Alberta appeal decision shows workers’ compensation boards cannot sue “innocent” third party vehicle owners to recoup benefits paid to those injured in collisions between at-work drivers, says a lawyer involved. ... [read more]