Areas of

Personal Injury


Thursday, August 04, 2022 @ 6:45 AM

CIVIL PROCEDURE - Jury trials - Verdicts

Appeal by the plaintiffs from a Divisional Court decision upholding a trial judge’s decision refusing to grant judgment. A jury concluded that the defendant doctors failed to meet the standard of care required of doctors looking after pregnant patients and that the failure caused a child’s disabilities. The trial judge instructed the jury to state how the doctors’ negligence caused the child’s condition. ... [read more]

Wednesday, August 03, 2022 @ 11:34 AM

Pitfalls of succumbing to temptation to check e-mail | Rob De Toni

With such easy access to our work e-mail, it’s really not that difficult to get lured in by the temptation to check them outside office hours, or (gasp!) even when we are on vacation. I am ashamed (err … human) to say that I was recently reminded of the pitfalls of succumbing to that temptation. ... [read more]

Wednesday, August 03, 2022 @ 7:13 AM

NEGLIGENCE - Contributory negligence - Dangerous things and situations - Snow

Appeal by the defendant Province of New Brunswick from the disposition of the plaintiff Van Malsen’s motion for summary judgment. In the morning of December 8, 2010, Van Malsen attended at the Sunbury West School. She parked her vehicle and had no difficulty walking to the school’s entrance. A light snow fell while Van Malsen was inside the school. The amount of precipitation was not sufficient to require plowing. When Van Malsen left the school and was walking to her vehicle, she slipped and fractured her ankle. ... [read more]

Tuesday, August 02, 2022 @ 2:53 PM - Last Updated: Tuesday, August 02, 2022 @ 3:30 PM

[ Legal Wire ] - Court of Appeal upholds lower court ruling in dispute over accident benefits, HST

The Court of Appeal for Ontario has found that a man left “catastrophically impaired” by a car accident in 2014 is not entitled to receive payments for HST on top of the maximum insurance amounts he receives for attendant care services. ... [read more]

Thursday, July 28, 2022 @ 3:21 PM

B.C. Appeal Court upholds expansive view of workers’ compensation coverage for mobile employees Eric Tucker

British Columbia workers on the road as part of their job who get involved in a traffic accident cannot sue one another for civil damages under the province’s Workers Compensation Act (WCA) as highlighted in a recent ruling by the B.C. Court of Appeal. ... [read more]

Thursday, July 28, 2022 @ 9:34 AM

Suicide pact case reveals judge, Crown too close for justice Two heads

It would have been enlightening to read the Ontario Court of Appeal’s decision in a case where the defence of “suicide pact” was raised. Indeed, defence counsel at the appeal cited judicial misdirection when a trial judge in Windsor, Ont., charged a jury on the elements of such a defence. Counsel defending the accused did not know at the time of the trial that there was something more serious with the conduct of the trial than a misstatement by the judge. ... [read more]

Wednesday, July 27, 2022 @ 3:58 PM

Ottawa to consult in October on reform of criminal justice system’s response to HIV non-disclosure David Lametti

Federal Minister of Justice David Lametti says his department will launch public consultations in October on possible reforms to the Canadian criminal justice system’s response to HIV non-disclosure “in light of scientific evidence related to the risk of sexual transmission of HIV.” ... [read more]

Tuesday, July 26, 2022 @ 12:29 PM

B.C. Court of Appeal reduces accident victim’s future income compensation

The Court of Appeal for British Columbia has reduced the future loss of income compensation for a young traffic accident victim in Dunn v. Heise, 2022 BCCA 242, ruling that the trial judge’s original calculation was too optimistic about the high end of his future earning potential. ... [read more]

Monday, July 25, 2022 @ 8:14 AM

Alberta decision will help lawyers navigate SCC privacy ruling, lawyer says David Wu, Arvay Finlay LLP

An Alberta court has sided with a person seeking to shelter their identity as part of a suit against the federal government, a matter the judge says brings into “sharp relief” the tension between the public’s right to open courts and an individual’s right to privacy. ... [read more]

Thursday, July 21, 2022 @ 9:49 AM

SCC’s move to limit interveners’ counsel to Zoom in fall sparks questions, concerns within bar Eugene Meehan

The Supreme Court of Canada plans not to allow lawyers for interveners to argue cases in person in its Ottawa courtroom this fall — restricting them to the Zoom platform — while counsel for the parties are expected to be given the choice to argue virtually, or to appear in the flesh before the nine judges (COVID-19 protocols permitting). ... [read more]