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Wednesday, November 20, 2019 @ 1:02 PM

Considerations in concussion, mild traumatic brain injury cases Rope-shaped brain

One of the challenging factors in managing concussion/mild traumatic brain injury cases is that often there is very little objective evidence. Careful management and presentation of these claims is paramount. A helpful exercise is to review concussion/mild traumatic brain injury cases that have gone before the courts. ... [read more]

Friday, November 15, 2019 @ 2:34 PM

Evidentiary lessons from the medical malpractice trenches presenting_evidence_sm

In Cheesman v. Credit Valley Hospital 2019 ONSC 4996, the Ontario Superior Court of Justice provided guidance on some key evidentiary issues: 1) cross-examination of parties who have settled in multiparty litigation, and 2) the admissibility of PowerPoint and other demonstrative aids to facilitate expert testimony. ... [read more]

Friday, November 15, 2019 @ 9:31 AM

Cars without drivers: A roadmap for liability Man sitting in self-driving car

Autonomous vehicles will increasingly become a fact of life in the coming decades. And while their arrival is a certainty, how they will function is not entirely settled. In particular, the kind of technology used by autonomous vehicles to see the road in front of them and to make decisions critical to our safety is now the subject of a battle between Elon Musk and the competition. ... [read more]

Friday, November 15, 2019 @ 9:09 AM

Class Proceedings Fund gets cy près award in securities class action people_money_sm

Who can be the recipient of a cy près award in a class action? In the recent decision, Cappelli v. Nobilis Health Cor. 2019 ONSC 4521, the court approved a novel recipient of the award: The Class Proceedings Fund. ... [read more]

Wednesday, November 13, 2019 @ 8:28 AM

Seeking compensation for wrongful deaths in B.C. HighwayofDeath.jpg

Respect for the dignity of the individual human being is the fundamental value underlying the assertion of rights in Canada. It is the basis for the rights to life, liberty, security of the person and equality under the law as articulated in the Canadian Charter of Rights and Freedoms. As expressed further in its foundational law, Canada strives to be a fair and just society.   ... [read more]

Tuesday, November 12, 2019 @ 9:11 AM

Limitation periods in disability claims: Clarke v. Sun Life Close up of June 2017 date

A recent court decision highlights the complex issue of limitation periods within the world of disability claims. It also offers an important examination of the ongoing tension in the policy positions underlying divergent perspectives. ... [read more]

Monday, November 11, 2019 @ 10:41 AM

Access to Justice: A2J Week about innovation, collaboration, action | Beverley McLachlin

The end of October marked the celebration of Access to Justice Week in three Canadian provinces — Saskatchewan, Ontario and British Columbia. I was pleased to be able to join Ontario’s justice sector leaders for part of their deliberations on the future of access to justice in Ontario and to follow the activities in the other provinces, albeit from a distance. ... [read more]

Thursday, November 07, 2019 @ 1:30 PM

B.C. concerned with ‘constitutionalization’ of adversarial expert witness system B.C. Attorney General David Eby

British Columbia is considering whether to launch an appeal of a recent decision by the provincial Supreme Court which struck down a key pillar of its efforts to rein in costs at the government-owned automobile insurance provider. ... [read more]

Thursday, November 07, 2019 @ 9:24 AM

Defendant liable for plaintiff jumping out of bus School bus

In Little v. Floyd Sinton Limited 2019 ONCA 865, the plaintiff was largely successful in an appeal involving an incident where the plaintiff jumped out of the back of a moving school bus. ... [read more]

Tuesday, November 05, 2019 @ 2:07 PM

Quebec, Ottawa applaud Justice Kasirer, province’s new role in nominating Quebec SCC judges Chief Justice of Quebec Nicole Duval Hesler with Supreme Court of Canada Justice Nicholas Kasirer

The Supreme Court of Canada saw a rare display of federal-provincial unanimity Nov. 4 as the attorneys general of Canada and Quebec jointly hailed the top court’s newest judge and the province’s beefed-up role in the reformed process that culminated in Justice Nicholas Kasirer’s nomination. “The nomination of Justice Kasirer to the court is historic,” Attorney General of Canada David Lametti said of the new process during the welcoming ceremony in the Supreme Court’s courtroom which was packed with Justice Kasirer’s family and friends, along with many legal lights from the bar and bench in Quebec and across Canada. ... [read more]