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Personal Injury

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Thursday, December 20, 2018 @ 6:22 AM

NEGLIGENCE - Intoxicated persons - Liability of alcohol provider

Appeal by the plaintiffs, the Williams children and their mother, from the dismissal of their claims against the defendants, Jake Richard and others. ... [read more]

Wednesday, December 19, 2018 @ 2:48 PM

Access to Justice: Next year a big one for Action Committee | Thomas Cromwell and Beverley McLachlin

There are big transitions occurring at the Action Committee on Access to Justice in Civil and Family Matters. Former chief justice Beverley McLachlin has this month assumed the chair of the committee which she had convened a decade ago. ... [read more]

Monday, December 17, 2018 @ 1:29 PM

Single insurance policy recommended for looming era of automated vehicles Robert Love

In an era of automated vehicles, words like “road trip,” “driving,” and “behind the wheel,” will take on a whole new meaning. So will the word “accident.” ... [read more]

Monday, December 10, 2018 @ 9:17 AM

Defending dangerous dogs: From death row to public safety Dogonleash_sm.jpg

While municipal and provincial dangerous dog statutes differ throughout Canada, the Vancouver Charter has a fairly standard definition of a “dangerous dog” as one that has killed or seriously injured a person or a domestic animal or one that, in the opinion of an animal control officer, is likely to kill or seriously injure a person. ... [read more]

Thursday, December 06, 2018 @ 8:20 AM

Ontario court limits taxi drivers’ duties to intoxicated passengers seatbeltguys_sm.jpg

The Ontario Superior Court of Justice in Stewart v. Douro-Dummer (Township) 2018 ONSC 4009 recently dismissed an attempt to expand recognized duties of care owed to intoxicated individuals; in this case, duties owed by taxi drivers to their visibly intoxicated customers. In so doing, the court’s decision is aligned with existing statutory limits on duties owed to adult automobile passengers and with the approach taken to the same issue in other common law jurisdictions. ... [read more]

Wednesday, December 05, 2018 @ 11:38 AM - Last Updated: Wednesday, December 05, 2018 @ 5:22 PM

Ex-SCC judge who co-wrote Dunsmuir weighs in as counsel as top court revisits Dunsmuir’s standard of review

Ex-Supreme Court of Canada Justice Michel Bastarache’s participation as a counsel in three appeals the top court is using to revisit one of his most famous judgments, Dunsmuir v. New Brunswick, has renewed debate about what ex-judges can do when they return to legal practice. ... [read more]

Wednesday, December 05, 2018 @ 8:36 AM

TYPES OF DAMAGES - For personal injuries - Non-pecuniary loss

Action for non-pecuniary damages for personal injuries suffered when the plaintiff was forcibly escorted from a court house by two sheriffs employed by the defendant. ... [read more]

Monday, November 26, 2018 @ 3:28 PM

The Coach: Marketing retail law ‘B to C’ | Gary Mitchell

Of course when I use the term “B to C,” I am referring to Business to Consumer. It is my experience in helping lawyers and law firms market themselves and grow, these areas of law are the easiest to market. The most obvious areas or retail law or B to C being, but not limited to: employment law (employee side), family law, personal injury (PI), and wills and estates. ... [read more]

Friday, November 23, 2018 @ 12:45 PM

Auto insurance changes ‘Christmas list’ for industry: B.C. trial lawyers John Rice, TLABC secretary/treasurer

British Columbia’s decision to classify psychiatric issues and mild concussions as minor under new automobile insurance regulations is being called troubling by members of the B.C. bar, adding that recent changes at the provincially owned insurance provider are reducing individuals’ chances to have their issues properly addressed. ... [read more]

Wednesday, November 21, 2018 @ 1:13 PM

Workplace criminal liability: Businesses and their lawyers should be taking note blocksmashing_sm.jpg

Earlier this year, the owner of an excavation company was convicted of manslaughter for the death of a worker at a job site. Two months ago, that owner was sentenced to an 18-month jail sentence that is to be followed by two years’ probation. The case was R. c. Fournier [2018] J.C. no. 8784. ... [read more]