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Personal Injury

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Friday, March 10, 2017 @ 8:51 AM

Drawing the fine line between zealous advocacy and incivility

Like American politics, the legal profession has suffered a decline in civility. ... [read more]

Thursday, March 09, 2017 @ 8:36 AM

How the courts hold expert witnesses' feet to the fire

In an adversarial environment, lawyers on both sides will endeavour to put their best foot forward on behalf of their clients. However, experts are always expected to provide the court with unbiased, non-partisan opinion evidence. Recent judicial decisions have helped identify situations of bias and helped to clarify circumstances when the court may choose to include or exclude an expert’s evidence. ... [read more]

Tuesday, March 07, 2017 @ 12:02 AM

Rethink the billable hour to give middle class access to justice | Julius Melnitzer

The best thing the legal profession’s regulators could do to ensure access to justice for the middle class is to ban hourly billing — or at least mandate some sense into its use. ... [read more]

Friday, March 03, 2017 @ 3:02 PM

Access to Justice: Thinking big about access to justice | Thomas Cromwell

Access to justice is the biggest challenge facing our legal system. And just about every lawyer I know cares deeply about the health of that system and many are trying to help. But do we understand the problem and are we making progress? Those questions will be the jumping off spot for my exclusive to The Lawyer’s Daily column dedicated to access to civil and family justice in the coming months. ... [read more]

Thursday, February 16, 2017 @ 12:28 PM

Ontario Court of Appeal okays class action against WSIB

A class action against the Workplace Safety and Insurance Board (WSIB) has a chance to go forward after the Ontario Court of Appeal granted permission for that lawsuit to proceed after it had been previously blocked. ... [read more]

Monday, February 13, 2017 @ 11:39 AM

OCCUPIERS' LIABILITY - Particular situations - Injury to children - Liability for injury by animals - Landlord and tenant

Appeal by the plaintiff, Holmes, from summary judgment dismissing her action as against particular named defendants, the Edmunds. The plaintiff's daughter, age five, was bit by a dog, Chopper, while visiting the owners' residence. Chopper's owners were tenants at a premises owned by the defendants. The tenants' lease required the defendants' permission for any new or additional pets. The defendants had permitted the tenants to have a dog. However, that dog passed away in 2010 and was replaced by Chopper. No permission was obtained in respect of Chopper. The defendants' applied for summary judgment dismissing the claim against them. They submitted there was no basis for finding liability in negligence or under the Occupiers' Liability Act (OLA). The chambers judge granted the defendants' application. The plaintiff appealed. ... [read more]

Thursday, February 09, 2017 @ 10:59 AM

B.C. organization offers online small claims resolution tool

The B.C. Civil Resolution Tribunal (CRT) is offering an online tool to help small claims litigants settle disputes among themselves. ... [read more]

Tuesday, February 07, 2017 @ 10:47 AM

NEGLIGENCE - Causation - Foreseeability and remoteness - Intervening causes - Strict liability (rule in Rylands v. Fletcher) - Liability of owners of animals

Appeal by the defendant, Arbour, from a finding of liability under the Dog Owners' Liability Act (DOLA) in favour of the plaintiff, Wilk. The defendant owned a Great Dane, age nine. The plaintiff's girlfriend offered to take the dog for a walk. During the walk, the dog suffered a seizure and lost consciousness. Upon regaining consciousness, the dog backed out of his collar, slipped on ice, and fell down an embankment. The plaintiff also slipped down the embankment while trying to retrieve the dog. The plaintiff collided with the dog and the dog bit half of her thumb off. The plaintiff brought an action for damages pursuant to the DOLA, and based on common-law negligence for the defendant's failure to administer anti-seizure medication prior to the walk. The defendant moved for summary judgment dismissing the action. The plaintiff brought a cross-motion for summary judgment. The motion judge concluded that the plaintiff did not possess the dog at the relevant time and therefore was not within the definition of an owner under the DOLA. The plaintiff was therefore entitled to compensation by the defendant as the dog's owner. The claim in negligence was dismissed on the basis the plaintiff's injuries were not reasonably foreseeable. The defendant appealed and the plaintiff cross-appealed. ... [read more]

Thursday, February 02, 2017 @ 7:00 PM

B.C. Court dismisses appeal, upholds negligence standard

Not applicable ... [read more]

Thursday, February 02, 2017 @ 7:00 PM

Looking out for pedestrians

This past year, Toronto experienced the highest pedestrian death rate in over a decade. While alarm bells should have been sounding a long time ago, civil exposure against the city and province is increasing day by day. The number of road deaths which involve driver on driver in the province has been going down for years. The same is not true for pedestrians. ... [read more]