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Personal Injury

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Tuesday, January 09, 2018 @ 8:38 AM

The laws of traction: Athletic footwear and risk of injury football_cleats_sm

The morning after the Toronto Argonauts defeated the Calgary Stampeders for the 2017 Grey Cup, the CFL published an article titled “Shoe change helps Argos ‘sneak’ up on Stamps,” highlighting the impact a change in footwear had on the Argos’ play. This may have left fans wondering: if the Argos had cleats with better traction, why wouldn’t they always wear them? ... [read more]

Monday, January 08, 2018 @ 12:34 PM

Quartet of new partners for Nelligan O’Brien Payne LLP

Ottawa-based Nelligan O'Brien Payne LLP has named four new partners across a number of practice areas. ... [read more]

Monday, January 08, 2018 @ 9:25 AM

Multiple hospital suicides result in legal action

Sadly, the death of a patient while under suicide watch in hospital is not a rare occurrence in Canada. In 2014 it is believed that there had been approximately three hundred deaths over ten years involving suicidal patients who were supposed to be on strict watch. Ninety-eight of those cases occurred in Ontario. Despite these mounting deaths, a coroner's inquest is rarely called in Ontario for in-hospital suicide deaths ... [read more]

Friday, January 05, 2018 @ 8:30 AM

ARMED FORCES - Personnel - Conditions of service - Compensation and benefits

Appeal by Canada from the decision in its largely unsuccessful application to strike claims by six members and former members of the Canadian Forces who suffered injuries in the line of their military duties. ... [read more]

Thursday, January 04, 2018 @ 9:29 AM

Employees can also be held liable for customer injury, Ontario Court of Appeal maintains Gavin_MacKenzie_sm

An Ontario Appeal Court decision involving hot water, burned hands and a Starbucks barista is a reminder that employees can be sued along with their employers when it comes to the injury of customers, lawyers say. ... [read more]

Thursday, January 04, 2018 @ 9:18 AM

Ontario’s ‘fair’ auto insurance plan fails to address systemic imbalance for victims

The government's framework includes standard treatment plans for common injuries and independent examination centres to reduce disputes, and it addresses contingency fees and fraud. But it needs to go back to the drawing board to truly assist accident victims. ... [read more]

Thursday, January 04, 2018 @ 8:36 AM

WORKPLACE HEALTH AND SAFETY - Employer obligations - Safety of workplace - Supervision - Liability - Of employer - Offences and enforcement - Offences - Failure to ensure health and safety of workers

Trial of the accused numbered company charged with three Canada Labour Code offences of failure to ensure employee safety in particularized ways. ... [read more]

Wednesday, January 03, 2018 @ 8:42 AM

NEGLIGENCE - Duty and standard of care - Duty of care - Contributory negligence - Apportionment of liability - Relation to causation

Appeal by Janandee Management Inc. (Janandee) from a judgment awarding damages to Parent and Hendrix. ... [read more]

Thursday, December 28, 2017 @ 9:43 AM

Ontario laws governing dog bites, attacks are clear, and owners will be held liable Dog

Dogs can be extremely loyal, loving and caring pets. Despite the close relationship humans have with dogs, they can pose a serious risk of harm. Even the most friendly or docile dogs may unexpectedly attack or bite someone. In such cases, the courts have ordered fair and reasonable compensation. ... [read more]

Thursday, December 28, 2017 @ 8:57 AM

Measuring legal levels of cannabis the next big challenge cannabis_test_sm

When a person smokes marijuana, delta-9-tetrahydrocannibol (THC) is widely distributed to tissues, resulting in pharmacological effects. The fact is, THC comes out of fat tissues relatively slowly, so a person who smokes many cannabis cigarettes per day for a long time and then stops using might show trace amounts in blood tests for days or possibly weeks. ... [read more]