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Personal Injury


Wednesday, January 03, 2018 @ 8:42 AM

NEGLIGENCE - Duty and standard of care - Duty of care - Contributory negligence - Apportionment of liability - Relation to causation

Appeal by Janandee Management Inc. (Janandee) from a judgment awarding damages to Parent and Hendrix. ... [read more]

Thursday, December 28, 2017 @ 9:43 AM

Ontario laws governing dog bites, attacks are clear, and owners will be held liable Dog

Dogs can be extremely loyal, loving and caring pets. Despite the close relationship humans have with dogs, they can pose a serious risk of harm. Even the most friendly or docile dogs may unexpectedly attack or bite someone. In such cases, the courts have ordered fair and reasonable compensation. ... [read more]

Thursday, December 28, 2017 @ 8:57 AM

Measuring legal levels of cannabis the next big challenge cannabis_test_sm

When a person smokes marijuana, delta-9-tetrahydrocannibol (THC) is widely distributed to tissues, resulting in pharmacological effects. The fact is, THC comes out of fat tissues relatively slowly, so a person who smokes many cannabis cigarettes per day for a long time and then stops using might show trace amounts in blood tests for days or possibly weeks. ... [read more]

Wednesday, December 20, 2017 @ 1:46 PM

B.C. Appeal Court ruling shows importance of court’s role in reviewing facts: lawyer Geoff Cowper, Fasken Martineau DuMoulin

The B.C. Court of Appeal has overturned a lower court’s decision regarding liability and damages for a car accident, a decision the appellant’s counsel says shows the importance of the role in the Court of Appeal in reviewing questions of fact. ... [read more]

Wednesday, December 20, 2017 @ 9:32 AM

‘Family member exclusion’ in insurance policy passes the test in B.C.’s top court Escalator

The British Columbia Court of Appeal unanimously reversed a lower court judgment in an insurance coverage dispute involving a fall from an escalator, ruling that an exclusion clause regularly found in homeowner insurance policies is unambiguous and operates to deny coverage in a broad range of instances. ... [read more]

Tuesday, December 19, 2017 @ 8:43 AM

Concussion legislation raises duty of care, education concerns, say personal injury lawyers Alison Burrison sm

Newly introduced legislation to protect amateur athletes from concussions is a good first step according to doctors and personal injury lawyers, but more needs to be done to ensure awareness gets through to parents of young athletes and that clear outlines for duties of care are established. ... [read more]

Friday, December 15, 2017 @ 11:14 AM

Court awards former Quebec paramedics $1.2M over subway scare Laurence Bourgeois Hatto

Quebec’s Superior Court has ordered Montreal’s transit authority to pay two former paramedics more than $1.2 million for a scare that left them unable to work in their profession. ... [read more]

Friday, December 15, 2017 @ 8:28 AM

Litigation costs lead to systemic inequality for road violence victims | Patrick Brown

Litigating on behalf of victims is becoming very difficult in the current legal climate. The financing of claims has become increasingly more expensive and well outside of what the ordinary litigant can afford. However, the same does not apply to insurance companies, which have the means to litigate their cases against the seriously injured. ... [read more]

Thursday, December 14, 2017 @ 8:32 AM

Employer liability for employees who drive while impaired by alcohol, cannabis

For many people, driving an automobile is a daily part of their work routine, either for getting to and returning from work, or for performing the duties of their employment. We do not propose here to examine an employer’s civil or criminal liability in situations where employees go about these activities in a normal way. Rather, we wish to examine a specific situation that unfortunately is fraught with serious risks for all concerned: an employer’s liability where an employee drives an automobile while intoxicated. ... [read more]

Wednesday, December 13, 2017 @ 9:13 AM

A look back at threshold motions in 2017 finds judges are giving a balanced analysis

To lawyers practising personal injury and insurance litigation, a topic of perennial interest concerns decisions with respect to the statutory threshold under the Insurance Act. As the year draws to a close, we examine the threshold motions that have been reported and the common themes that can help parties on both sides assess their risk in cases where the threshold is likely to be in dispute. ... [read more]