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Tuesday, May 12, 2020 @ 11:12 AM

Appeal allowed on issue of causation in breach of fiduciary duty case, court rules William_Black_sm

The Ontario Court of Appeal has allowed the appeal of a medical researcher against a claim of negligence for the death of a participant in a clinical research trial. Counsel involved in the case noted that the court has “clarified and confirmed the role of causation in the setting of a claim for a breach of fiduciary duty.” ... [read more]

Tuesday, May 12, 2020 @ 9:23 AM

MOTOR VEHICLES AND HIGHWAY TRAFFIC - Liability - Civil actions

Appeal by the plaintiff from dismissal of a personal injury claim arising from an automobile accident. ... [read more]

Tuesday, May 12, 2020 @ 8:31 AM

Access to Justice: Visionary thinking to update a legacy system | Beverley McLachlin

In my last column, I wrote about the need to use the pandemic in which we find ourselves to rethink how we can improve the justice system. ... [read more]

Friday, May 08, 2020 @ 12:56 PM

Who was that unmasked woman? | Marcel Strigberger

You can take the lawyer out of the supermarket, but you cannot take the lawyer out of the lawyer. I guess some elaboration is in order. ... [read more]

Friday, May 08, 2020 @ 9:38 AM - Last Updated: Friday, May 08, 2020 @ 11:11 AM

Litigators’ champion celebrates five years at SCC, looks forward to five more years TLD Exclusive button

On a bench otherwise made up of ex-law deans, former senior civil servants and longtime judges, Justice Suzanne Côté’s unique brief, handed to her when she was appointed five years ago, requires her to convey the practising bar’s perspective to the Supreme Court of Canada, even when it sometimes takes her down solitary paths. ... [read more]

Thursday, May 07, 2020 @ 2:01 PM

Machine learning speeds up virus coverage insurance reviews robot_reading_sm

A key task for lawyers representing their corporate clients over the next few months will be to review insurance policies for ways in which those clients can recover from their insurers. This means that we can all unfortunately expect to spend a lot more time deeply immersed in those lengthy documents. ... [read more]

Thursday, May 07, 2020 @ 12:13 PM

Lawyers divided on quashing of class action certification in tainted cannabis case Daniel_Wallace_sm

An appeal court’s denial of a class action certification due to the lead plaintiff not having a workable method with which to prove tainted cannabis caused her sickness shows the importance of the court’s “gatekeeping function” in such matters, says the defendant’s lawyer. ... [read more]

Thursday, May 07, 2020 @ 11:06 AM

Falls in health care: Post-fall care and monitoring Fall risk bracelet

It’s three days after your knee replacement, you’re still in the hospital and you’ve just fallen. A nurse finds you crumpled on the floor, clutching your newly replaced left knee. Someone asks you questions about how you are feeling and what happened, but you’re confused. You’re cold, worried and in pain, wondering how this will set your recovery back. ... [read more]

Wednesday, May 06, 2020 @ 10:33 AM

Being a reasonable parent: What does it mean? Parent walking with child

We all strive to be the “perfect” parent, whatever that may be. But fear not, while you may hold yourself to this impossibly high standard, the court does not. All you must be is reasonable. So what is a “reasonable” parent? ... [read more]

Tuesday, May 05, 2020 @ 12:57 PM

Equality, diversity requirements for lawyers in Ontario | Amrita Tamber

It has been a slow road, but over the past few years the legal profession has started to make small strides towards greater inclusivity. Although women and minorities comprise a growing number of legal professionals, they still remain significantly under-represented in senior leadership roles. In recent years, the statistics show that 43 per cent of lawyers identified as women and 29 per cent identified as a visible minority. An increase in senior leadership diversity may result in an increase in proportional representation from the top down. ... [read more]