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Personal Injury

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Thursday, November 08, 2018 @ 8:32 AM

LIABILITY OF MUNICIPALITY - Property maintenance and operation - Highways

Appeal by the defendants H and the City from trial judgment finding them each 25 per cent liable for a motor vehicle accident. ... [read more]

Tuesday, November 06, 2018 @ 5:42 PM - Last Updated: Wednesday, November 07, 2018 @ 11:29 AM

Judicial council says judge was ‘ill-advised’ and violated rules by acting as Lakehead University’s interim law dean Brian Gover

In a decision expected to be challenged in Federal Court, the Canadian Judicial Council (CJC) has decided that Ontario Superior Court Justice Patrick Smith breached his obligations to devote himself solely to his judicial duties, and to stay out of public and potential legal controversy, when he took a leave of absence formally approved by his chief justice to act pro bono as interim dean of Lakehead University’s struggling new law school. ... [read more]

Tuesday, November 06, 2018 @ 1:49 PM

Take off blinkers and ban exploitive horse drawn carriages | Victoria Shroff

Riding in horse drawn carriages used to be common 100-plus years ago in Canada. Times change. Knowledge grows. Using horses to pull carriages is seriously antiquated and should be relegated to the past. ... [read more]

Wednesday, October 31, 2018 @ 11:49 AM

The new impaired driving provisions: Another defence tactic bites the dust carbeer.jpg

Lawyers familiar with impaired driving law are aware of how much more difficult it has become to successfully defend a client over the last 10 years. The “golden age” of impaired driving defences has passed due to jurisprudential and statutory changes to the law. Shifts in the jurisprudence have reduced the availability of arguments based on highly technical legal applications of the law, such as the timing of breath samples, the use or descriptions of testing devices and the police officer’s subjective/objective basis for making breath sample demands. ... [read more]

Thursday, October 25, 2018 @ 1:44 PM

Spraggs named chair of B.C. Law Institute’s board

Thomas Spraggs of Spraggs & Co. Law Corporation of Coquitlam, B.C., has been named board chair of the British Columbia Law Institute (BCLI). ... [read more]

Wednesday, October 24, 2018 @ 10:50 AM

Donald Trump is teaching our kids to be cyberbullies | Jasmine Daya

“Mommy, is Donald Trump a mean man?” asked my 6-year-old daughter at the dinner table. My husband and I looked at each other and smiled. My other two children, ages 8 and 12, giggled at the question, likely knowing what I wanted to say, but also didn’t want to say. ... [read more]

Monday, October 22, 2018 @ 1:49 PM

Access to justice: New models for legal services | Marcus Sixta

There is a crisis in our court system. Legal representation is beyond the reach of many Canadians, especially in the family law courts. ... [read more]

Monday, October 22, 2018 @ 9:26 AM

McGill study of young, high drivers doesn’t address problems with roadside cannabis limits, lawyers say Michael_Engel_sm

Defence lawyers are questioning the merits of a recent study finding “significant impairment” among young drivers after inhaling marijuana, saying it fails to address issues with the “per se” legal limits. This is how some are reacting to a study out of Montreal’s McGill University, which found young drivers to be at a higher risk of auto collision up to five hours after being given a 100 mg dose of cannabis through a vaporizer. ... [read more]

Friday, October 19, 2018 @ 2:29 PM

SCC sheds light on ‘care, custody & control’ exclusion clause in Quebec commercial liability insurance contract Clément Gascon

The Supreme Court of Canada has 9-0 overturned a Quebec Court of Appeal ruling which relied on a standard liability exclusion clause in that province’s insurance contracts to reject a hotel’s insurance claims in respect of two guest cars stolen from the hotel’s “park and fly” parking lot. On Oct. 19, Justice Clément Gascon (Justice Malcolm Rowe concurring) ruled that the Appeal Court shouldn’t have interfered with the decision of the Court of Quebec judge below ... [read more]

Friday, October 19, 2018 @ 10:32 AM

Cannabis roundup: This week’s legalization opinion and analysis Cannabis legalization

Here is a roundup of all the analysis and opinion pieces we published this week covering the many aspects of cannabis legalization in Canada that came into effect on Oct. 17, 2018. ... [read more]