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Personal Injury

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Thursday, July 04, 2019 @ 2:36 PM

Ontario Court of Appeal shuts many out | Michael Lesage

Access to justice is increasingly an issue in Ontario. Over tea and crumpets, posh debating societies have determined it to be serious enough to warrant discussions and committees. Meanwhile, judges have spoken out, warning that justice is increasingly available only to the rich and that our “fossilized Jurassic Park” of a legal system is at risk of becoming an “irrelevant museum piece.” ... [read more]

Thursday, July 04, 2019 @ 9:02 AM

OCCUPIERS’ LIABILITY - Duty of occupier

Appeal by the defendant from the dismissal of its motion for summary judgment to dismiss the action and from judgment in favour of the respondent. ... [read more]

Friday, June 28, 2019 @ 8:54 AM

Statement of Principles stays for now as LSO Convocation becomes mired in debate Malcolm Mercer sm

After a full day of debate on the Statement of Principles (SOP), the Law Society of Ontario (LSO) was unable to come to a decision on the diversity initiative that has not only divided Convocation, but the profession as well. ... [read more]

Friday, June 28, 2019 @ 6:24 AM

OCCUPIERS’ LIABILITY - Duty of occupier

Appeal by the defendant City from trial judgment finding it liable for the incremental damages that arose when the City failed to respond to an assault on the respondent in a timely way. ... [read more]

Tuesday, June 25, 2019 @ 6:26 AM

CONSTITUTIONAL PROCEEDINGS - Pleadings

Motion by British Columbia to strike parts of the claim. ... [read more]

Monday, June 24, 2019 @ 12:27 PM

Ottawa appoints Smith as chief justice of N.S. Supreme Court

The federal Department of Justice on June 24 announced the appointment of Deborah K. Smith as chief justice of the Supreme Court of Nova Scotia. ... [read more]

Monday, June 24, 2019 @ 9:09 AM

Implicit behaviour guidelines for counsel served up in appeal decision fighting_lawyers_sm

The Ontario Court of Appeal has recently issued a sharp caution to counsel who maintain their excessively adversarial positions over and above their duty to the court. ... [read more]

Friday, June 21, 2019 @ 2:32 PM

Downey commits to collaborative approach as Ontario’s new attorney general Exclusive

Lauded by former colleagues for his collegiality, Ontario’s new Attorney General Douglas Richard Downey plans to take a collaborative approach on new initiatives and lingering issues that dogged his predecessor, including one that drew a comment from Canada’s top judge. ... [read more]

Friday, June 21, 2019 @ 6:10 AM

FOR TORTS - Defamation - Method of publication - Internet

Motion by the plaintiffs Paramount Fine Foods and Fakih for summary judgment against the defendants Johnston and FreedomReport.ca (the Johnston defendants) in respect of allegedly defamatory publications. ... [read more]

Wednesday, June 19, 2019 @ 8:41 AM

Appeal Court overturns reverse summary judgment reverse_sign_sm

The Ontario Court of Appeal released an interesting decision in Drummond v. Cadillac Fairview Corp. 2019 ONCA 447. ... [read more]