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Personal Injury


Monday, May 27, 2019 @ 12:33 PM

Dentists are doctors, too Dentist

Unfortunately for dentists, the profession was under fire yet again in the recent Alberta Court of Queen’s Bench decision, Moussi (Litigation guardian of) v. TD Home and Auto Insurance Co. 2019 ABQB 242. ... [read more]

Wednesday, May 22, 2019 @ 11:44 AM

Dealing with provincial health insurers in class actions hospital handshake.jpg

It has been one year since the release of Justice Brian Barrington-Foote’s decision in Pedikaris v. Purdue Pharma et al. 2018 SKQB 86. At that time, his message was loud and clear: “The PHIs (provincial health insurers) are not members of the class. They must each approve the settlement of their subrogated claim. They, unlike individual litigants, are well able to protect their own interest.” (para. 20) ... [read more]

Tuesday, May 21, 2019 @ 1:11 PM

Reaching the summit | Kurt Sandstrom

In 2013, British Columbia enacted the Justice Reform and Transparency Act, consistent with commitments made in its White Paper on Justice Reform, which was issued in response to Geoffrey Cowper’s report, A Criminal Justice System for the 21st Century. The Act includes a stipulation for the attorney general to convene justice summits annually, as a vehicle for facilitating collaboration among all justice participants; considering promising practices or initiatives in other jurisdictions; providing input on the sector’s strategic vision; making recommendations and assessing British Columbia’s progress regarding justice transformation efforts. ... [read more]

Tuesday, May 21, 2019 @ 12:36 PM

Civil juries must understand separation of defendants from those who settle, says lawyer Raymond_Wagner_sm

Juries in civil trials must be properly instructed on burden of proof and the separation between active defendants and those who settled out of court, says the lawyer of a Nova Scotia mother who is suing a doctor for negligence after her child was left brain damaged. ... [read more]

Tuesday, May 14, 2019 @ 3:17 PM

Securing accurate, fair outcomes in CAT designation process for children Medcharts_sm.jpg

In my previous five articles I showed that when you take a modern approach to statutory interpretation, the Superintendent’s Guideline No. 01/16 interpretation of s. 3.1(5)i of the Statutory Accident Benefit Schedule (SABS 34/10), doesn’t harmoniously coincide with the objectives and scheme of the Insurance Act, and the intention of Parliament. ... [read more]

Monday, May 13, 2019 @ 12:22 PM

Use of sketches in discovery upheld by Appeal Court Karen_Bennett-Clayton_sm

A Nova Scotia appeal decision in an ongoing civil action involving a three-way car crash has “solidified” the long-standing practice of lawyers having witnesses sketch scenes during pretrial discovery hearings. ... [read more]

Thursday, May 09, 2019 @ 1:40 PM

Other side of the bridge: Another approach to child’s catastrophic impairment medcharts

In this article, I’ll show how the objectives and purposes of Ontario’s Bill 251/15 can be used as an interpretive aid in applying s. 3.1(5)i of the Statutory Accident Benefit Schedule (SABS 34/10). ... [read more]

Thursday, May 09, 2019 @ 9:41 AM

B.C.’s proposed labour changes positive step for employees: lawyers Fred Wynne, HHBG Lawyers

The B.C. government is seeking to significantly overhaul provincial legislation on employment standards and labour rules, changes lawyers are saying will have a positive effect on the employer-employee relationship in the province going forward. ... [read more]

Tuesday, May 07, 2019 @ 8:37 AM

Genetic testing, ancestry search red flags | Darryl Singer

There are lots of ads lately for companies like 23 and Me, which promises that by sending them a sample of saliva, they can test for genetic markers which might tell you about potential for latent illnesses which may never come to pass. These companies also offer ancestral tracing for those who hope they will find out they are part of some noble bloodline. ... [read more]

Monday, May 06, 2019 @ 11:16 AM

How Ford makes crime victim compensation easier | Sam Goldstein

Premier Ford’s government is taking a lot of criticism for changes to the justice sector. The recent Ontario budget announced a 30 per cent reduction in Legal Aid Ontario (LAO) funding and eliminated certificates for refugee hearings altogether. A Toronto Star headline claimed victims of crime are about to be stiffed in compensation by the Ontario budget; and, the CBC proclaimed that the Ontario Progressive Conservatives were immunizing themselves from civil liability with proposed changes to the Proceedings Against Crown Act (PACA). ... [read more]