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Monday, June 24, 2019 @ 12:27 PM

Ottawa appoints Smith as chief justice of N.S. Supreme Court

The federal Department of Justice on June 24 announced the appointment of Deborah K. Smith as chief justice of the Supreme Court of Nova Scotia. ... [read more]

Monday, June 24, 2019 @ 9:09 AM

Implicit behaviour guidelines for counsel served up in appeal decision fighting_lawyers_sm

The Ontario Court of Appeal has recently issued a sharp caution to counsel who maintain their excessively adversarial positions over and above their duty to the court. ... [read more]

Friday, June 21, 2019 @ 2:32 PM

Downey commits to collaborative approach as Ontario’s new attorney general Exclusive

Lauded by former colleagues for his collegiality, Ontario’s new Attorney General Douglas Richard Downey plans to take a collaborative approach on new initiatives and lingering issues that dogged his predecessor, including one that drew a comment from Canada’s top judge. ... [read more]

Friday, June 21, 2019 @ 6:10 AM

FOR TORTS - Defamation - Method of publication - Internet

Motion by the plaintiffs Paramount Fine Foods and Fakih for summary judgment against the defendants Johnston and FreedomReport.ca (the Johnston defendants) in respect of allegedly defamatory publications. ... [read more]

Wednesday, June 19, 2019 @ 8:41 AM

Appeal Court overturns reverse summary judgment reverse_sign_sm

The Ontario Court of Appeal released an interesting decision in Drummond v. Cadillac Fairview Corp. 2019 ONCA 447. ... [read more]

Tuesday, June 18, 2019 @ 1:26 PM

Pros and cons of juries in medical malpractice lawsuits jury_trial_sm

At the outset of every medical malpractice case, a plaintiff lawyer must make a difficult decision: do I trust a judge or jury to fairly decide my client’s case? You know that it is going to be a hard-fought battle with a multitude of experts offering competing opinions on standard of care and causation. So, when does it make sense to ask for a jury versus a judge? ... [read more]

Tuesday, June 18, 2019 @ 10:31 AM

NEGLIGENCE - Duty and standard of care - Causal connection

Appeal by the defendant University from a jury decision finding it solely negligent, awarding the respondent $9,160,584 in damages and dismissing its third-party claim against the Swim Club. The respondent, 16, a competitive swimmer and member of the Club, was rendered a quadriplegic when she dove into a pool owned by the University. ... [read more]

Wednesday, June 12, 2019 @ 12:45 PM

Unclear who benefits from Ontario’s WSIB review People checking document

On May 23, 2019, the Ontario government announced a review of the Workplace Safety and Insurance Board (WSIB). Designed to find cost savings to ensure the sustainability of the WSIB, the review will focus on financial oversight, administration and efficiency but will not examine the WSIB’s adjudication and decision-making process. The review of the WSIB is unusual because the program has no impact on the province’s budget line. One wonders therefore who exactly stands to benefit from the cost savings. ... [read more]

Wednesday, June 12, 2019 @ 9:40 AM

Auto insurance changes do not infringe constitutional rights: B.C. government B.C. Attorney General David Eby

The B.C. government is defending the changes it has made to the provincial auto insurance system in response to a lawsuit filed by an organization representing trial lawyers in the province. ... [read more]

Monday, June 10, 2019 @ 1:01 PM

Alberta Court of Appeal decision on liability has national implications, lawyer says Trevor McDonald, Burnet, Duckworth and Palmer LLP

The Alberta Court of Appeal has ruled the City of Calgary was partially liable for an attack on a pedestrian who was walking on an overpass near one of its light rail stations, a decision a number of observers say may have ramifications beyond the municipality’s borders. The case in McAllister v. Calgary (City) 2019 ABCA 214 concerns an assault on Kyle McAllister in the early morning hours of New Year’s Day 2007. ... [read more]