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Personal Injury

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Thursday, September 15, 2022 @ 10:55 AM

Lessons from Selling Sunset, part three: Workplace relationships Sunset keys

What better way to end our three-part series on employment law lessons learned from watching Netflix’s Selling Sunset than to talk about romantic relationships in the workplace. As always, there are spoilers ahead. ... [read more]

Thursday, September 15, 2022 @ 6:21 AM

CONSTITUTIONAL VALIDITY OF LEGISLATION - Level of government - Provincial or territorial legislation

Appeal by the Attorney General of British Columbia and several defendants in motor vehicle claims from the declaration that certain legislation was of no force or effect. In 2019, legislation came into force that vested an administrative tribunal, the Civil Resolution Tribunal (CRT), with jurisdiction to decide liability and damages for minor injuries resulting from motor vehicle accidents in British Columbia. ... [read more]

Wednesday, September 14, 2022 @ 2:41 PM

Decision involving hypnosis, Mr. Big, unveils obstacles to fact finding Hypnosis

In the book, The Plea of Innocence: Restoring Truth to the American Justice System, to be released Oct. 4, American law professor Tim Bakken argues that the adversarial system that we use in North America distorts the ability of courts to search for the whole truth and nothing but the truth. ... [read more]

Wednesday, September 14, 2022 @ 11:29 AM

When no means yes: Laws that replace consent with coercion troubling trend Senior Day

Section 7 of the Canadian Charter of Rights and Freedoms protects Canadians’ right to life, liberty and security of the person and the right not to be deprived thereof other than in accordance with the principles of fundamental justice. ... [read more]

Wednesday, September 14, 2022 @ 11:26 AM

What can parents do when their child is bullied? Sad boy alone

Going back to school can be a fun time for students; however, bullying can ruin all of that fun. Unfortunately, bullying is an issue that many students have experienced or continue to experience while in school. Bullying negatively affects students’ learning, their mental health and their sense of self-worth. No student should have to put up with the effects that bullying has on them and every school should have an anti-bullying policy in place to prevent it from happening in the first place. ... [read more]

Wednesday, September 14, 2022 @ 5:49 AM

TYPES OF DAMAGES - For personal injuries - Calculation - Contingencies - Loss of earning capacity

Appeal by the defendants from a finding of liability and the assessment of damages for personal injuries suffered by the respondent in a collision between a bicycle he was riding, and a motor vehicle driven by the appellant. The respondent was riding his bicycle on a sidewalk against the flow of traffic. The appellant was about to exit from a driveway onto the street. ... [read more]

Tuesday, September 13, 2022 @ 2:59 PM - Last Updated: Tuesday, September 13, 2022 @ 6:25 PM

Sept. 19 will be federal holiday for Queen’s funeral; provinces asked to make it a day off nationally Justin Trudeau

Prime Minister Justin Trudeau has announced that Sept. 19 will be declared a federal holiday to mark the state funeral in London of Queen Elizabeth II. “We will be working with the provinces and the territories to try and see that we're aligned on this — there are still a few details to be worked out, but declaring an opportunity for Canadians to mourn on Monday is going to be important,” Trudeau told reporters Sept. 13 during the federal Liberal caucus treat in St. Andrews, N.B. ... [read more]

Tuesday, September 13, 2022 @ 11:23 AM

Should lawyers act as business peacekeepers for clients? | Mark Borkowski

Many lawyers hoping to resolve conflicts in their client’s workplaces use the legal process to resolve issues. This is not their domain and they should stay out of these issues. They should stay in their lane. ... [read more]

Monday, September 12, 2022 @ 2:21 PM

Alberta child sex case addresses question: Porn or art? old camera

Few crimes in our society attract more moral opprobrium than child pornography cases. The Supreme Court of Canada in R. v. Sharpe 2001 SCC 2 branded the crime as one that is “inherently harmful to children and to society.” The court went on to state that child pornography undermines the Charter rights of children and other members of society by eroticizing “the inferior social, economic, and sexual status of children. It preys upon pre-existing inequalities.” ... [read more]

Monday, September 12, 2022 @ 2:14 PM

Appellant’s non-pecuniary damages increased from $600 to $35,000 in car accident case

The Court of Appeal for British Columbia has allowed the appeal of a man injured in a car accident, increasing the non-pecuniary damages awarded to $35,000 from $600. “The difficulty in this case,” the court explained, was that “the award of $600 is not ‘modest’ but rather nil.” In Valdez v. Neron, 2022 BCCA 301 the appellant, Nestor Aguillo Valdez, was injured in a car accident in Sept. 2017. ... [read more]