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Personal Injury

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Friday, January 05, 2018 @ 8:30 AM

ARMED FORCES - Personnel - Conditions of service - Compensation and benefits

Appeal by Canada from the decision in its largely unsuccessful application to strike claims by six members and former members of the Canadian Forces who suffered injuries in the line of their military duties. ... [read more]

Thursday, January 04, 2018 @ 9:29 AM

Employees can also be held liable for customer injury, Ontario Court of Appeal maintains Gavin_MacKenzie_sm

An Ontario Appeal Court decision involving hot water, burned hands and a Starbucks barista is a reminder that employees can be sued along with their employers when it comes to the injury of customers, lawyers say. ... [read more]

Thursday, January 04, 2018 @ 9:18 AM

Ontario’s ‘fair’ auto insurance plan fails to address systemic imbalance for victims

The government's framework includes standard treatment plans for common injuries and independent examination centres to reduce disputes, and it addresses contingency fees and fraud. But it needs to go back to the drawing board to truly assist accident victims. ... [read more]

Thursday, January 04, 2018 @ 8:36 AM

WORKPLACE HEALTH AND SAFETY - Employer obligations - Safety of workplace - Supervision - Liability - Of employer - Offences and enforcement - Offences - Failure to ensure health and safety of workers

Trial of the accused numbered company charged with three Canada Labour Code offences of failure to ensure employee safety in particularized ways. ... [read more]

Wednesday, January 03, 2018 @ 8:42 AM

NEGLIGENCE - Duty and standard of care - Duty of care - Contributory negligence - Apportionment of liability - Relation to causation

Appeal by Janandee Management Inc. (Janandee) from a judgment awarding damages to Parent and Hendrix. ... [read more]

Thursday, December 28, 2017 @ 9:43 AM

Ontario laws governing dog bites, attacks are clear, and owners will be held liable Dog

Dogs can be extremely loyal, loving and caring pets. Despite the close relationship humans have with dogs, they can pose a serious risk of harm. Even the most friendly or docile dogs may unexpectedly attack or bite someone. In such cases, the courts have ordered fair and reasonable compensation. ... [read more]

Thursday, December 28, 2017 @ 8:57 AM

Measuring legal levels of cannabis the next big challenge cannabis_test_sm

When a person smokes marijuana, delta-9-tetrahydrocannibol (THC) is widely distributed to tissues, resulting in pharmacological effects. The fact is, THC comes out of fat tissues relatively slowly, so a person who smokes many cannabis cigarettes per day for a long time and then stops using might show trace amounts in blood tests for days or possibly weeks. ... [read more]

Wednesday, December 20, 2017 @ 1:46 PM

B.C. Appeal Court ruling shows importance of court’s role in reviewing facts: lawyer Geoff Cowper, Fasken Martineau DuMoulin

The B.C. Court of Appeal has overturned a lower court’s decision regarding liability and damages for a car accident, a decision the appellant’s counsel says shows the importance of the role in the Court of Appeal in reviewing questions of fact. ... [read more]

Wednesday, December 20, 2017 @ 9:32 AM

‘Family member exclusion’ in insurance policy passes the test in B.C.’s top court Escalator

The British Columbia Court of Appeal unanimously reversed a lower court judgment in an insurance coverage dispute involving a fall from an escalator, ruling that an exclusion clause regularly found in homeowner insurance policies is unambiguous and operates to deny coverage in a broad range of instances. ... [read more]

Tuesday, December 19, 2017 @ 8:43 AM

Concussion legislation raises duty of care, education concerns, say personal injury lawyers Alison Burrison sm

Newly introduced legislation to protect amateur athletes from concussions is a good first step according to doctors and personal injury lawyers, but more needs to be done to ensure awareness gets through to parents of young athletes and that clear outlines for duties of care are established. ... [read more]