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Personal Injury

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Friday, August 20, 2021 @ 5:23 AM

NEGLIGENCE - Duty and standard of care

Appeal by the plaintiffs from trial judgment dismissing their actions for damages for negligent investigation, malicious prosecution, violation of the Canadian Charter of Rights and Freedoms, and bad faith. ... [read more]

Thursday, August 19, 2021 @ 11:48 AM

B.C. looks at making paid sick leave permanent after COVID-19 forced reckoning on issue B.C. Labour Minister Harry Bains

One of the things the COVID-19 pandemic has done is highlight the inadequacies of sick leave requirements in Canada, a perception which led many provinces to create some form of temporary paid leave as part of their approach in the fight against coronavirus. And now British Columbia is looking to make that move permanent and seeking public input on how the system should look. ... [read more]

Tuesday, August 17, 2021 @ 9:43 AM

Backlogs at court, A2J for jury trials at risk as pandemic persists Michael White, president of the Toronto Lawyers’ Association

Despite the justice system’s massive pivot to adopt technology and remote hearings at the start of the COVID-19 pandemic, legal organizations and lawyers have noted that a backlog persists creating an access to justice issue in areas of practice that require jury trials.   ... [read more]

Friday, August 06, 2021 @ 11:54 AM

Near-$8-billion record settlement of First Nations’ non-potable water claims features novel twists Michael Rosenberg of Toronto’s McCarthy Tétrault LLP

Ottawa’s near-$8-billion “agreement in principle” to settle national lawsuits brought by First Nations and their members harmed by decades of non-potable water on reserves could turn out to be the largest class action settlement in Canadian history, after it is approved in court. The July 31 announcement from the Liberal government, coming just days before an expected federal election call, pre-empts a joint Federal Court/Manitoba Court of Queen’s Bench hearing in October on the summary judgment motions of the representative plaintiffs, the Tataskweyak Cree Nation of Manitoba, and the Curve Lake First Nation and Neskantaga First Nation of Ontario. ... [read more]

Friday, August 06, 2021 @ 11:16 AM

Quebec courts ‘taking full responsibility for domestic violence cases,’ author says Suzanne Zaccour

A man who subjected his ex-wife to nine years of domestic violence was ordered by the Quebec Superior Court to pay her nearly $47,000 in damages, the second time in less than a month that a Quebec court ordered an abusive spouse to pay damages for the violence they inflicted. ... [read more]

Wednesday, August 04, 2021 @ 9:34 AM

Hands-free ‘holding’ a cellphone still driving violation, rules B.C. Appeal Court Vancouver Crown counsel Megan Street

British Columbia drivers might want to keep their cellphones hidden from view following a recent decision by the province’s Court of Appeal. In R. v. Rajani 2021 BCCA 292, released on July 27, the court upheld a B.C. Supreme Court decision (R. v. Rajani 2020 BCSC 779) that found “holding” an electronic device under the province’s Motor Vehicle Act (MVA) is not limited to only using one’s hands. ... [read more]

Wednesday, August 04, 2021 @ 8:32 AM

Product liability in Quebec: ‘Choice of law’ clauses Boxes on a conveyor belt

Each year, the legal departments of Canadian manufacturers, distributors, wholesalers and retailers spend considerable energy drafting standard purchase and sale contracts, with meticulously detailed limitation of liability clauses, limitation of warranty clauses and “choice of law” clauses that designate a specific jurisdiction. ... [read more]

Tuesday, August 03, 2021 @ 10:17 AM

Smitiuch Injury Law hires associate

Smitiuch Injury Law announced that Brandon Murphy has joined the firm as an associate lawyer. ... [read more]

Tuesday, August 03, 2021 @ 10:07 AM

Court ‘clarifies’ standard of review for jury decisions on damages in wrongful death: counsel Luke Hamer, Smitiuch Injury Law

The Ontario Court of Appeal has dismissed multiple appeals from a landlord ordered to pay damages after a tenant died in a fire, in a decision, counsel said, that “sets a new benchmark for Family Law Act damages.” ... [read more]

Friday, July 30, 2021 @ 9:57 AM

SCC ruling clarifies interpretation of release agreements: lawyer Erin Best, of Stewart McKelvey.

A recent Supreme Court case centring on the scope of a release agreement in an auto accident lawsuit has clarified how to interpret these types of contracts and will help to avoid litigation in the future, says a lawyer involved. ... [read more]