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Thursday, December 06, 2018 @ 8:20 AM

Ontario court limits taxi drivers’ duties to intoxicated passengers seatbeltguys_sm.jpg

The Ontario Superior Court of Justice in Stewart v. Douro-Dummer (Township) 2018 ONSC 4009 recently dismissed an attempt to expand recognized duties of care owed to intoxicated individuals; in this case, duties owed by taxi drivers to their visibly intoxicated customers. In so doing, the court’s decision is aligned with existing statutory limits on duties owed to adult automobile passengers and with the approach taken to the same issue in other common law jurisdictions. ... [read more]

Wednesday, December 05, 2018 @ 11:38 AM - Last Updated: Wednesday, December 05, 2018 @ 5:22 PM

Ex-SCC judge who co-wrote Dunsmuir weighs in as counsel as top court revisits Dunsmuir’s standard of review

Ex-Supreme Court of Canada Justice Michel Bastarache’s participation as a counsel in three appeals the top court is using to revisit one of his most famous judgments, Dunsmuir v. New Brunswick, has renewed debate about what ex-judges can do when they return to legal practice. ... [read more]

Wednesday, December 05, 2018 @ 8:36 AM

TYPES OF DAMAGES - For personal injuries - Non-pecuniary loss

Action for non-pecuniary damages for personal injuries suffered when the plaintiff was forcibly escorted from a court house by two sheriffs employed by the defendant. ... [read more]

Monday, November 26, 2018 @ 3:28 PM

The Coach: Marketing retail law ‘B to C’ | Gary Mitchell

Of course when I use the term “B to C,” I am referring to Business to Consumer. It is my experience in helping lawyers and law firms market themselves and grow, these areas of law are the easiest to market. The most obvious areas or retail law or B to C being, but not limited to: employment law (employee side), family law, personal injury (PI), and wills and estates. ... [read more]

Friday, November 23, 2018 @ 12:45 PM

Auto insurance changes ‘Christmas list’ for industry: B.C. trial lawyers John Rice, TLABC secretary/treasurer

British Columbia’s decision to classify psychiatric issues and mild concussions as minor under new automobile insurance regulations is being called troubling by members of the B.C. bar, adding that recent changes at the provincially owned insurance provider are reducing individuals’ chances to have their issues properly addressed. ... [read more]

Wednesday, November 21, 2018 @ 1:13 PM

Workplace criminal liability: Businesses and their lawyers should be taking note blocksmashing_sm.jpg

Earlier this year, the owner of an excavation company was convicted of manslaughter for the death of a worker at a job site. Two months ago, that owner was sentenced to an 18-month jail sentence that is to be followed by two years’ probation. The case was R. c. Fournier [2018] J.C. no. 8784. ... [read more]

Tuesday, November 20, 2018 @ 1:28 PM

Wellness: Three ways to deal with closing of pro bono centres | Darryl Singer

Editor’s Note: After this column was published there have been new developments concerning donations to help keep the Law Help Ontario centres open. ... [read more]

Tuesday, November 13, 2018 @ 10:52 AM

Duty of care does not end when drunk driver returns home: Ontario Court of Appeal Patrick Brown sm

The Ontario Court of Appeal has ordered a trial to determine duty of care in a social host liability case that left one man dead and his children, allegedly, injured. The decision, counsel said, highlights the spectrum of responsibility that can transform a social gathering into an invitation to an inherent and obvious risk. ... [read more]

Tuesday, November 13, 2018 @ 9:02 AM

Valuing a privately held corporation: Normalization adjustments business_value_sm

When valuing a privately held business, there are several valuation approaches and techniques which Chartered Business Valuators (CBV) may use to determine a company’s value. One such method used is the income-based approach, which looks at a company’s earnings or cash flows. ... [read more]

Tuesday, November 13, 2018 @ 8:32 AM

TYPES OF DAMAGES - For personal injuries - Expenses and expenditures

Appeal by the defendant from trial judgment awarding the respondent $100,000 for non pecuniary damages, $100,000 for loss of earning capacity and cost of future care for cognitive behavioural therapy and attendance at a diet clinic as a result of a 2013 motor vehicle accident. ... [read more]