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Personal Injury

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Tuesday, May 05, 2020 @ 12:57 PM

Equality, diversity requirements for lawyers in Ontario | Amrita Tamber

It has been a slow road, but over the past few years the legal profession has started to make small strides towards greater inclusivity. Although women and minorities comprise a growing number of legal professionals, they still remain significantly under-represented in senior leadership roles. In recent years, the statistics show that 43 per cent of lawyers identified as women and 29 per cent identified as a visible minority. An increase in senior leadership diversity may result in an increase in proportional representation from the top down. ... [read more]

Tuesday, May 05, 2020 @ 11:15 AM

Uncertainty surrounding extension of limitation periods at LAT 2 people pull on clock

In 2017, the executive chair of the Licence Appeal Tribunal (LAT) held that, under specific circumstances, the tribunal may apply s. 7 of the Licence Appeal Tribunal Act to relieve against an otherwise missed limitation period. A recent reconsideration decision of the LAT held otherwise and found that s. 7 does not apply to statutory accident benefit matters. ... [read more]

Tuesday, May 05, 2020 @ 9:20 AM

Advantages of class actions for historical sexual abuse cases convergence_arrows_sm

This is written in response to the April 21, 2020, article in The Lawyer’s Daily titled “The problems with class actions for historical sexual abuse cases,” in which the author argues that individual actions are superior to class actions in the historical sexual abuse context. The author asserts that class actions are problematic due to comparatively low damages in some class action settlements, issues with notice and opting out and class members’ minor role in providing instructions on settlement. ... [read more]

Monday, May 04, 2020 @ 9:31 AM

CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Procedural remedies - Damages

Appeals by Canada from summary judgment in two class actions awarding damages for breach of Charter rights to inmates in federal penitentiaries who were held in administrative segregation. ... [read more]

Friday, May 01, 2020 @ 10:44 AM

Employment sector Trudeau forgot Dadworkingfromhome

The federal and provincial governments have introduced various new assistance programs aimed at helping employers and employees sustain their businesses and at improving our economy during the COVID-19 pandemic. These programs are critical to surviving the pandemic. Some of the most popular and valuable programs include: ... [read more]

Friday, May 01, 2020 @ 9:17 AM

NEGLIGENCE - Duty and standard of care - Foreseeability and remoteness

Appeal and cross-appeal from a judgment apportioning liability for injuries caused during a police pursuit of a stolen vehicle. ... [read more]

Thursday, April 30, 2020 @ 11:53 AM

Can China be sued for this pandemic? | Alistair Vigier

With the extra time I have had on my hands since COVID-19 struck, I have followed closely any lawsuits, accusations and political activities regarding the pandemic. I started following Chinese and U.S. politicians on Twitter to see what their positions are. On the U.S. side, it was clear that they blame the Chinese government directly for the spread of COVID-19. On the Chinese side, they have mostly shown videos about China sending masks to many countries in the world. ... [read more]

Wednesday, April 29, 2020 @ 3:02 PM

Fall prevention in health care: Risk assessment Fall risk bracelet

Falls can be physically, psychologically and economically detrimental to Canadians. They result in a range of injuries from pain to disability, loss of independence to death. Despite significant gains in addressing fall prevention, falls continue to happen in both community and health-care settings. ... [read more]

Monday, April 27, 2020 @ 9:26 AM

Can cruise lines be sued for COVID-19? | Alistair Vigier

The number of people who have been affected by COVID-19 is unbelievable. As of the writing of this article, there have been 40,000 cases reported in Canada and 2,000 deaths. With the high death toll and massive economic losses, it is fair to say there have been enough damages to warrant several class action lawsuits. ... [read more]

Monday, April 27, 2020 @ 8:41 AM

Wellness: My post-COVID hopes for the profession | Darryl Singer

Our profession has and will continue to suffer as a result of the COVID-19 public health crisis. From small boutique firms to large national firms, many have been forced to lay off staff, take on additional debt and forgo partner draws. Solo practitioners, particularly those whose income is dependent on Legal Aid or working clientele and a fully operational court system, have had much of their work dry up. ... [read more]