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Friday, November 12, 2021 @ 2:28 PM

Hippopotamous? Whynotamous? | Marcel Strigberger

In law there are now three types of persons: humans, companies and hippopotamuses. The latter is thanks to a U.S. Federal District Court in Cincinnati, Ohio, ruling. Curious? Read on. ... [read more]

Thursday, November 11, 2021 @ 8:40 AM

Ontario court’s merits decision in medical malpractice class action Scales of justice with medical cross on top

Levac v. James, 2021 ONSC 5971 (Levac) is the latest of a growing number of representative actions to be tested on the merits. The decision reaffirms that infectious outbreaks are well suited to certification and are amenable to adjudication on a classwide basis. Levac also wrestles with a novel theory of liability before the court, one that could have wide-ranging implication: a theory based not on a traditional causation analysis but on an epidemiological analysis premised on the statistically high rates of infections found among a medical doctor’s patients. ... [read more]

Wednesday, November 10, 2021 @ 1:01 PM

Further guidance from SCC on interpretation of contracts Three contracts in a pile

The Supreme Court of Canada decision in Corner Brook (City) v. Bailey 2021 SCC 29 provides further guidance respecting the interpretation of contracts. The case arises in the context of the interpretation of a release and reaffirms the contextual approach to contract interpretation set out in its 2014 decision in Sattva Capital Corp. v. Creston Moly Corp. 2014 SCC 53. ... [read more]

Wednesday, November 10, 2021 @ 11:23 AM

Class action provides anonymity, effective ‘legal vehicle’ in case against fertility doctor: counsel Jessica Fullerton, Nelligan Law

The Ontario Superior Court of Justice has approved an over $13-millon settlement of a class action against a fertility doctor who used his own semen to inseminate patients. Counsel for the plaintiffs stressed the effectiveness of class action as a “legal vehicle” to give people “anonymity, some measure of compensation” and information in a highly sensitive case. ... [read more]

Wednesday, November 10, 2021 @ 6:33 AM

HEALTH CARE PROFESSIONALS - Liability (malpractice) - Negligence - Causation - Standard of care - Surgeons

Appeal by the plaintiff from the dismissal of her medical malpractice action against the defendant orthopedic surgeon. In 2013, the defendant performed arthroscopic surgery on the plaintiff’s left knee. The surgery was uneventful. Shortly after the surgery, the plaintiff’s lower leg did not have the anticipated circulation and she began experiencing pain. ... [read more]

Tuesday, November 09, 2021 @ 3:48 PM

With slip and fall claims, time is of essence Person holding ankle after fall

As cold temperatures and snow replace warm autumn days, slip and falls grow more inevitable. ... [read more]

Tuesday, November 09, 2021 @ 9:26 AM

Criminal justice wish list | Murray Fallis

There’s a new Public Safety Minister in town — Marco Mendicino. He’s a lawyer. A former Crown. For those of us in the criminal justice community, we are overjoyed by his arrival. ... [read more]

Tuesday, November 09, 2021 @ 8:25 AM

Amending an incapable person’s management plan 101 A daughter and mother gazing at eachother

As wills, trusts and estates practitioners, it is important to understand the procedure of Guardianship Applications. It is crucial that these applications be completed correctly and that the client understands their duties. ... [read more]

Tuesday, November 09, 2021 @ 8:21 AM

Four associates join Dutton Brock

Dutton Brock LLP welcomed four associates to the Toronto firm, Grant Black, James Omran, Thomas Enright and Lida Moazzam. ... [read more]

Friday, November 05, 2021 @ 2:53 PM

Toronto firm donates to Wounded Warriors Canada Kids program

Kotak Personal Injury Law announced that it is honouring the importance of Remembrance Day on Nov. 11 by partnering with Wounded Warriors Canada. ... [read more]