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Personal Injury

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Wednesday, April 03, 2019 @ 11:58 AM

Joint and several liability under attack Injuryinsurance

In my previous column, I advised that the Ontario government is reviewing auto insurance to “make it more affordable.” Since then, the government has also introduced a review of the principle of joint and several liability, at least in terms of how it affects municipalities. None of this can be good news for victims injured as a result of others’ negligence. ... [read more]

Wednesday, April 03, 2019 @ 8:28 AM

PHYSICAL AND PSYCHOLOGICAL INJURIES - Pre-existing injury - Credibility

Appeal by the 59-year-old plaintiff from the assessment of her damages for personal injuries suffered in a motor vehicle accident in 2011. ... [read more]

Wednesday, March 27, 2019 @ 2:22 PM

Intentional tortfeasor not held contributorily liable for injury threepeoplebehinddesk.jpg

In Stoney v. Sound Stage Performance Inc. 2019 SKCA 18 (Stoney), the Saskatchewan Court of Appeal held The Contributory Negligence Act, RSS 1978, c C-31, did not allow “a defendant sued in negligence to commence a third party proceeding for contribution or indemnity based on an alleged intentional tort.” (at para. 4). ... [read more]

Wednesday, March 27, 2019 @ 2:08 PM

Corporate director owes duty of care to injured workers: Alberta Court of Appeal

The Alberta Court of Appeal has ruled a director of a construction company was liable for injuries suffered on a job site, despite his arguing any negligent act that may have been committed was done as an employee and not an officer of the company. The respondent, Doug Stewart, is a director of DWS Construction. He was involved in the installation of a temporary staircase in a home that later collapsed, injuring a number of workers from another company. ... [read more]

Monday, March 25, 2019 @ 11:47 AM

FATAL INJURIES - Claim by estate - Third party claims

Appeal by the Higgins Estate and family members from a judgment finding that their lost inheritance was not compensable under the Fatal Accidents Act. ... [read more]

Monday, March 18, 2019 @ 10:37 AM

PROCEEDINGS - Settlements

Determination of whether a settlement for an infant plaintiff should be approved. ... [read more]

Thursday, March 14, 2019 @ 11:51 AM

Autonomous vehicles mean more complex litigation swarmofcars_sm

Autonomous vehicles are becoming increasingly commonplace, especially with car companies promising that we will see robot cars within our lifetime. By 2021, it is believed that there will be 51,000 autonomous vehicles operating worldwide. Where uncertainty lies, however, is in the impact of driverless vehicles on motor vehicle litigation. This article will discuss the future of autonomous vehicles and the changes that can be expected in the insurance industry. ... [read more]

Tuesday, March 12, 2019 @ 3:04 PM

Quebec Appeal Court upholds landmark $17 billion tobacco class action

The Quebec Court of Appeal, in an explicit and stark warning to manufacturers that they will be held liable for damages for breaching their duty to inform, upheld a landmark lower court ruling that ordered three leading Canadian tobacco companies to pay up to $17 billion, including interest, in damages to Quebec smokers, the largest damage award in Canadian history. ... [read more]

Friday, March 08, 2019 @ 12:28 PM

We salute the ‘Notorious RBG’ and Canadian women legal trailblazers women lead men

“Why are you crying, mummy?” asked my 9-year-old daughter out of immense concern for me. I don’t recall the last time she saw me cry. ... [read more]

Thursday, February 28, 2019 @ 1:37 PM

Insurance coverage for designated driver services Carbottle

A recent article brought to light an allegedly unfair result after a driver employed by a designated driver service caused damage to an owner’s vehicle. ... [read more]