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Personal Injury

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Friday, October 15, 2021 @ 2:24 PM

Dropping bro on his head? Reasonably foreseeable, your Honour | Marcel Strigberger

Mistakes. Also known as errors, blunders or in my best legalese, boo-boos. Do lawyers make any? ... [read more]

Friday, October 15, 2021 @ 8:45 AM

In mediation, don’t always try to meet in the middle | Stuart Rudner

“There’s an old saying that tells us that the person who offers to meet you in the middle is a poor judge of distance.” ... [read more]

Thursday, October 14, 2021 @ 12:16 PM

Ontario Court of Appeal releases ‘tentative’ model for in-person proceedings

On Oct. 12, the Ontario Court of Appeal shared a “tentative” model for returning to in-person proceedings with some legal organizations. The model gives counsel the choice to attend court virtually and maintains that “observers, including clients, the media, and members of the public, will not attend in-person.” ... [read more]

Thursday, October 14, 2021 @ 11:04 AM

Judge rejects secrecy in class action funding deal featuring lender’s fee of up to $45 million Paul Crampton

The Federal Court’s recent approval of one of the country’s largest third-party litigation funding agreements blesses a capped fee of up to $45 million for the lender, plus reimbursement of several millions more that the funder is expected to shell out for document management services, sophisticated economic analyses and other disbursements in a complex $2.75-billion price-fixing class action in Canada. ... [read more]

Tuesday, October 12, 2021 @ 3:14 PM

‘Judicial independence,’ at core of chief justice of Court of Quebec’s dispute with province Lucie Rondeau

The Court of Quebec is expected to launch a new divisional court dealing with conjugal and sexual complaints by the beginning of 2022, potentially setting the stage for a legal battle with the provincial government over judicial independence and the administration of justice. ... [read more]

Tuesday, October 12, 2021 @ 1:38 PM

Vulnerability, neglect and abuse: The women at Western University | Marvin Zuker

Media reports suggest that on the night of Sept. 10, 2021, the Friday night of frosh week at the Western University in London, Ont., some 30 female students were drugged and sexually assaulted in residence. ... [read more]

Friday, October 08, 2021 @ 3:17 PM

Litigation loan companies not on hook for $3.5-million defence legal costs in class action: court Amanda Bafaro

In the first known Canadian ruling on a defence motion for legal costs against non-party lenders who helped fund a plaintiff’s case, an Ontario judge has refused to order four litigation loan companies to pay to the defendants in a personal injury class action a $3.5-million costs award made against the foreign plaintiff who has no assets in Canada. ... [read more]

Friday, October 08, 2021 @ 2:47 PM

Three ways to mitigate bad faith claims for insurers and adverse credibility issues for plaintiffs Doctor holding clipboard talks to patient

Personal injury litigation can be quite complex, with a variety of issues from limitation periods, liability, the nature of the injury (objective/subject), pre-existing conditions and the assessment of damages. In addition, both sides in the litigation may have to address their own actions, which can significantly impact (positively or negatively) the exposure that they have to contend with. ... [read more]

Tuesday, October 05, 2021 @ 2:03 PM

Lack of private school regulation continues in Ontario | Andrew Rogerson

The CBC article of Sept. 15, 2021, “GTA teacher stripped of licence because of sexual impropriety now heads private school,” sadly comes as no surprise. While it is encouraging to see that the teacher in this case was stripped of their licence, the same issue was discussed in a 2015 story in the Toronto Star, which highlighted that teachers at private schools are often disciplined behind closed doors, or not at all. ... [read more]

Monday, October 04, 2021 @ 8:29 AM

Bill C-7: Snatching right to life | Harsh Tuteja

Canada, which currently holds the title for as the best country for quality of life, attracts people from all over the world. Millions of people dream to settle here and live the Canadian dream. They even sacrifice their lives in the home country and exhaust a large amount of hard-earned money in hope of a better, safe and happy life. ... [read more]