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Personal Injury

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Tuesday, June 18, 2019 @ 1:26 PM

Pros and cons of juries in medical malpractice lawsuits jury_trial_sm

At the outset of every medical malpractice case, a plaintiff lawyer must make a difficult decision: do I trust a judge or jury to fairly decide my client’s case? You know that it is going to be a hard-fought battle with a multitude of experts offering competing opinions on standard of care and causation. So, when does it make sense to ask for a jury versus a judge? ... [read more]

Tuesday, June 18, 2019 @ 10:31 AM

NEGLIGENCE - Duty and standard of care - Causal connection

Appeal by the defendant University from a jury decision finding it solely negligent, awarding the respondent $9,160,584 in damages and dismissing its third-party claim against the Swim Club. The respondent, 16, a competitive swimmer and member of the Club, was rendered a quadriplegic when she dove into a pool owned by the University. ... [read more]

Wednesday, June 12, 2019 @ 12:45 PM

Unclear who benefits from Ontario’s WSIB review People checking document

On May 23, 2019, the Ontario government announced a review of the Workplace Safety and Insurance Board (WSIB). Designed to find cost savings to ensure the sustainability of the WSIB, the review will focus on financial oversight, administration and efficiency but will not examine the WSIB’s adjudication and decision-making process. The review of the WSIB is unusual because the program has no impact on the province’s budget line. One wonders therefore who exactly stands to benefit from the cost savings. ... [read more]

Wednesday, June 12, 2019 @ 9:40 AM

Auto insurance changes do not infringe constitutional rights: B.C. government B.C. Attorney General David Eby

The B.C. government is defending the changes it has made to the provincial auto insurance system in response to a lawsuit filed by an organization representing trial lawyers in the province. ... [read more]

Monday, June 10, 2019 @ 1:01 PM

Alberta Court of Appeal decision on liability has national implications, lawyer says Trevor McDonald, Burnet, Duckworth and Palmer LLP

The Alberta Court of Appeal has ruled the City of Calgary was partially liable for an attack on a pedestrian who was walking on an overpass near one of its light rail stations, a decision a number of observers say may have ramifications beyond the municipality’s borders. The case in McAllister v. Calgary (City) 2019 ABCA 214 concerns an assault on Kyle McAllister in the early morning hours of New Year’s Day 2007. ... [read more]

Monday, June 10, 2019 @ 9:11 AM

The uncertainty behind Ontario’s limitation period time_running_out_sm

The two-year limitations period under Ontario law has always contained a certain degree of variability because the two years is measured on the basis of discoverability. But a recent trend of case law from the Ontario Court of Appeal has infused uncertainty into the two-year claims bar, calling into question when two years really means two years. ... [read more]

Friday, June 07, 2019 @ 1:53 PM

Don’t allow nitwits to overshadow real amber alert concerns | Laurelly Dale

It’s difficult, if not impossible, to resist the urge to ask: “what’s wrong with you?” to the 300-plus that called 9-1-1 to complain about the amber alert May 14, 2019. Guessing their end game leaves one baffled. The mayor of Toronto shouldn’t have to remind people that 9-1-1 is for emergencies only.  ... [read more]

Tuesday, June 04, 2019 @ 8:46 AM

TYPES OF DAMAGES - For personal injuries - Investment management fees

Appeal by the defendants from a trial judgment awarding investment management fees and tax gross-up awards. ... [read more]

Thursday, May 30, 2019 @ 8:52 AM

HEALTH CARE PROFESSIONALS - Liability (malpractice) - Failure to diagnose

Appeal by the plaintiff from trial judgment dismissing his medical negligence action against the hospital and a nurse. ... [read more]

Monday, May 27, 2019 @ 3:11 PM

Quebec consumer law does not apply to sale of prescription drugs, Appeal Court rules Marianne Ignacz

In a resounding victory for the pharmaceutical industry, the Quebec Court of Appeal held that the province’s consumer protection law does not apply to the sale of prescription drugs, jettisoning a legal avenue a growing number of class action plaintiffs were using to sue the industry. ... [read more]