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Personal Injury

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Tuesday, September 27, 2022 @ 2:02 PM

Impact of Ontario’s health-care crisis on personal injury law, claimants Nursing station

Ontario’s health-care system is in crisis, provoked in large part by the COVID pandemic. Surgical and diagnostic imaging wait times have increased dramatically. Emergency departments have been forced to close for hours or days at a time because of nursing and staff shortages. ... [read more]

Tuesday, September 27, 2022 @ 12:21 PM

Alberta will not co-operate with ‘politically motivated’ gun buyback program: justice minister Alberta Justice Minister and Solicitor General Tyler Shandro

Alberta has announced it will not offer any provincial resources to the federal government as it seeks to collect firearms which were banned by the federal government over two years ago, and it will also join a number of lawsuits challenging the constitutionality of the ban. ... [read more]

Monday, September 26, 2022 @ 2:44 PM - Last Updated: Monday, September 26, 2022 @ 4:02 PM

Moldaver led SCC on criminal law for 11 years but spent first three years looking for the exit TLD exclusive

Michael Moldaver, the judge who most shaped Canadian criminal law over the past 11 years, confesses he remains troubled that accused who are “clearly guilty” of serious crimes sometimes get acquitted, because courts throw out crucial evidence tainted by state illegality that many Canadians would not see as justifying such a drastic remedy. ... [read more]

Friday, September 23, 2022 @ 12:47 PM

B.C. decision restores more balance between defendants, plaintiffs in civil jury system: lawyer Karl Hauer, Hauer & Co.

B.C.’s top court ruled it could not overrule the “comparative approach” to reviewing damage awards made by a jury in a case involving a motor vehicle accident, but has added another step to the analysis which it says will help to balance fairness in justice with respect for the proper function of juries. ... [read more]

Friday, September 23, 2022 @ 11:52 AM

How do I know if I am on my way to burning out? | Rob De Toni

Burnout. It’s a hot topic in the legal profession today and has been ever since the beginning of the pandemic. But what exactly is burnout, and how can you tell if you are on your way to burning out? ... [read more]

Thursday, September 22, 2022 @ 1:34 PM

Patagonia ownership transfer: Lawyering for 21st century | Heidi J.T. Exner Back to school

The 83-year-old Patagonia founder and ex-billionaire Yvon Chouinard raised eyebrows earlier this month when he proclaimed “Earth is now our only shareholder,” and transferred ownership of his private company to a non-profit and trust. Holdfast Collective now owns 98 per cent of Patagonia’s stock, which constitutes the entirety of its non-voting shares. This means it stands to benefit economically to the tune of an estimated $100 million per annum in profits, paid as dividends. However, this ownership does not afford the non-profit control over Patagonia’s business operations. ... [read more]

Thursday, September 22, 2022 @ 10:17 AM

Lawyers: Learn to network and generate new business | Mark Borkowski

No profession is as bad as generating new business and generating new clients as lawyers. Why? Lawyers do not know how to network. ... [read more]

Wednesday, September 21, 2022 @ 11:45 AM

Post-peremptory jury selection issue in Court of Appeal decision jury

Do men and women decide what is a fact differently? Would an all-male or and all-female jury come to different conclusions as to what is a fact in particular situations? If so, were all jury verdicts in the past, where the juries were not diverse, incapable of perceiving the truth? Or has our 21st century acceptance of the need for equality of the sexes demonstrated a fundamental flaw in our judicial system when juries are composed disproportionately of one gender? ... [read more]

Tuesday, September 20, 2022 @ 12:12 PM

Quebec Appeal Court provides new guidance on forced hospitalizations Lahcène_Allem

An elderly single woman spearheaded a significant advancement for the rights of people who are ordered to be hospitalized after the Quebec Court of Appeal considerably broadened the obligations of the courts and health-care institutions to appoint in most cases an ex officio lawyer to safeguard their rights and interests. ... [read more]

Tuesday, September 20, 2022 @ 9:21 AM

Appeal Court decision ameliorates evidence of bias Brain

As one who has practised prison law for decades, I have maintained a sense that within our criminal justice system there is an unacknowledged caste system. I fear that sometimes justice is meted out unequally; i.e., well-to-do Anglo businessmen are treated more deferentially than, say, impoverished Indigenous accused persons. Of course, there are other factors that contribute to social stratification, but my concern has always been that within the justice system, everyone should be treated equally. ... [read more]