Focus On

Personal Injury


Monday, September 14, 2020 @ 11:44 AM

How COVID-19 will change legal innovation robots

When Ryan Edmonds, a Toronto-based employment lawyer, launched his firm in 2014 he didn’t set out to be an early adopter of legal technology. Cost and flexibility, he says, made setting up a cloud-based paperless system an easy choice. ... [read more]

Monday, September 14, 2020 @ 9:30 AM

ASSESSMENT OF DAMAGES - Limiting factors - Pre-existing conditions 

Appeal by the defendant from the damages award of $628,978 against her in the plaintiff’s personal injury action. The defendant was the at-fault driver in a 2011 motor vehicle accident. ... [read more]

Monday, September 14, 2020 @ 8:40 AM

Paper-based vs. paperless vs. digital paperless_office_sm

Recently I spent three days in a law firm boardroom digitizing the entirety of a law firm’s corporate minute book collection. One by one we combed through the pages of the binders, carefully disassembling decades-old records to be fed through the scanner that worked effortlessly, albeit with a faint hum. ... [read more]

Friday, September 11, 2020 @ 5:53 AM

HEALTH CARE PROFESSIONALS - Liability (malpractice) - Negligence - Causation - Failure to inform

Appeal by the plaintiff, the litigation representative of the estate of his son, P, from a trial decision dismissing his claim against the respondent physician for medical negligence leading to P’s quadriplegia. ... [read more]

Thursday, September 10, 2020 @ 7:16 PM

Supreme Court twice weighs in on Ontario anti-SLAPP legislation Suzanne_Cote_sm

Canada’s highest court has for the first time zeroed in on Ontario’s anti-SLAPP laws via two rulings, finding in one that a developer’s lawsuit aimed at statements by a residents’ association was a SLAPP and went against the public’s interest in hearing the group’s environmental concerns, while deciding in another the advancement of a doctor’s defamation case is of greater public interest than the defendant’s right to expression. ... [read more]

Thursday, September 10, 2020 @ 2:37 PM

Animal law: More problems inherent in breed specific legislation three cute dogs

Breed specific legislation (BSL) identifies specific breeds, often pit bulls, as dangerous and imposes strict laws and regulations on their ownership, sometimes including a ban on ownership all without increasing public safety. Animal welfare leaders and animal advocates worldwide who have examined dog bite statistics, the law and science are staunchly opposed to BSL. As stated in part one of this series examining BSL, it has been a statutory failure because these laws are driven by fear-based profiling policies instead of a deeper understanding.   ... [read more]

Tuesday, September 08, 2020 @ 12:52 PM

What are the court’s obligations in dealing with self-represented litigants? Man with book and judge

Self-represented litigants present a novel challenge to both the court and to counsel representing an opposing party. Despite the courts’ comprehensive guidelines to assist self-represented litigants, lawyers find themselves in a quandary when faced with adverse parties who assert, unequivocally, that their lack of knowledge of procedure, process and the law has denied them their rightful access to justice. ... [read more]

Tuesday, September 08, 2020 @ 9:00 AM

FOR TORTS - Affecting the person - Sexual assault

Appeal by the plaintiffs from trial judgment dismissing their claims against the Archdiocese for vicarious liability and negligence. Cross-appeal by the Archdiocese from the provisional assessment of general damages and the provisional awards for economic loss, including pre-judgment interest. ... [read more]

Wednesday, September 02, 2020 @ 1:18 PM

Navigating the modern courtroom: Ontario steps up | Karen Heath

In the first two articles in this series, it would be fair to say that my musings on modernizing Canadian courts have carried somewhat of a disparaging tone. It is true, I rode in from The Hague on a high horse, armed with technology best practices from the International Criminal Court I thought were sorely lacking in our justice system. While I do stand by my previous convictions, I offer something different today: a rosier outlook. ... [read more]

Wednesday, September 02, 2020 @ 11:48 AM

B.C. needs to take a ‘worker-centric’ approach to compensation, review says B.C. Labour Minister Harry Bains

A major B.C. government review is recommending the province’s workers’ compensation system become more “worker-centric,” which would allow for better communication with stakeholders and a greater consideration of a person’s individual circumstances when making a determination about what they should receive. ... [read more]