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Personal Injury

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Monday, November 28, 2022 @ 2:26 PM

Licensee, stakeholder feedback leads LSO to extend virtual verification policy exemption Michael Lesage, LSO bencher

After receiving feedback from the profession, benchers and stakeholders, the Law Society of Ontario (LSO) has extended its “temporary pandemic measure of allowing virtual verification without authentication until January 1, 2024.” ... [read more]

Monday, November 28, 2022 @ 2:24 PM

Expiry of maximum layoff period without cause termination: CERB deducted from damages Handoff

Angelo Luna Nicolas was a long-service employee at the Pan Pacific Hotel Vancouver, working as a houseperson for 32 years with the hotel. He had a half-page letter confirming his employment, and it did not contain any language limiting or restricting severance or the notice period upon termination. ... [read more]

Friday, November 25, 2022 @ 1:07 PM - Last Updated: Friday, November 25, 2022 @ 2:42 PM

SCC upholds lower court decision, allows disclosure of cockpit recording in class action Justice Nicholas Kasirer

A divided Supreme Court of Canada has upheld a lower court decision permitting the production and discovery of a cockpit voice recorder (CVR) in a class action against Air Canada and other transportation authorities, ruling that the chambers judge “correctly identified, as a matter of law, the underlying purposes of pilot privacy and public safety in air transportation relevant to weighing the ‘importance of the privilege’ as recognized by Parliament.” ... [read more]

Friday, November 25, 2022 @ 1:04 PM

Justice for all is justice we should aspire to | Chris Bentley

My colleague, Guy Pratte, questions whether virtual justice is “real justice’’ in his recent opinion piece (The Lawyer’s Daily, Oct. 26, 2022). He argues that a return to the in-person proceeding is essential for “real justice,” with anything else apparently being of lesser worth. ... [read more]

Thursday, November 24, 2022 @ 11:41 AM

Feds seek judicial review of human rights ruling that rejected $20-billion settlement as too narrow David Lametti

The federal government has asked for judicial review in Federal Court of a Canadian Human Rights Tribunal (CHRT) decision last month that declined to endorse a $20-billion final settlement agreement that would compensate individual First Nations children and family caregivers for many years of Ottawa’s discriminatory underfunding of on-reserve child welfare services. ... [read more]

Tuesday, November 22, 2022 @ 1:17 PM

The worst people to run law firms are lawyers | Murray Gottheil

I was the managing partner of a law firm once. I came to the job with little aptitude for management and even less experience and training. Of course, I was qualified to be the managing partner because I had high personal billings and a whole whack of originating credits. ... [read more]

Monday, November 21, 2022 @ 11:26 AM

More on reasonable care analysis in all-terrain vehicle accident case Yellow ATV

A recent Ontario Superior Court of Justice case, Desrochers (Litigation guardian of) v. McGinnis [2022] O.J. No. 3891, revisited the principles of proving negligence in a case where the plaintiff, Megan Desrochers, was injured while operating the defendants’ all-terrain vehicle (ATV). (For link to part one of this series, see below). ... [read more]

Friday, November 18, 2022 @ 12:06 PM

Ontario personal injury firm expands to Alberta

Kotak Personal Injury Law Firm announced that it has expanded to another province with a new satellite office in Calgary. This adds to its current Ontario locations in Mississauga, Brampton and Toronto. ... [read more]

Friday, November 18, 2022 @ 10:09 AM

Next up for Civil Rules Committee | Michael Lesage

There was a big day recently at the Ontario Superior Court. Belatedly, the Civil Rules Committee recognized what other jurisdictions (and tribunals within Ontario) have long since known, that lawyers are capable, all by themselves, of both serving and filing documents with the court without assistance. As such, starting Jan. 30, 2023, Rule 16.09 will be amended, and it will no longer be a two-person job to serve and file a document. At long last, common sense has prevailed. ... [read more]

Thursday, November 17, 2022 @ 11:10 AM

Reasonable care analysis in all-terrain vehicle accident case Yellow ATV

A recent Ontario Superior Court of Justice case, Desrochers (Litigation guardian of) v. McGinnis [2022] O.J. No. 3891, revisited the principles of proving negligence in a case where the plaintiff was injured while operating the defendants’ all-terrain vehicle (ATV). ... [read more]