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Wednesday, July 10, 2019 @ 4:26 PM

Quebec Court of Appeal judge nominated to replace Gascon on SCC

Prime Minister Justin Trudeau announced on July 10 the nomination of the Honourable Nicholas Kasirer to the Supreme Court of Canada. ... [read more]

Wednesday, July 10, 2019 @ 12:12 PM

The special case of liability waivers for minors Child's broken legs

A liability waiver is a legal contract that a participant in an activity signs to waive his or her right to sue for compensation in case of an injury (or death) during the activity. If a participant is injured and decides to sue, the business will seek to have the courts enforce the waiver and have the lawsuit dismissed. While by no means a certain result, it is well established in Canadian law that a liability waiver can be upheld if the waiver was properly drafted and administered according to best practices. ... [read more]

Tuesday, July 09, 2019 @ 8:30 AM

FOR TORTS - Affecting the person - Assault - Invasion of privacy

Appeal by the plaintiff from an award of $3,000 for damages for unlawful entry into the appellant’s home, breach of privacy, false imprisonment and battery. ... [read more]

Monday, July 08, 2019 @ 2:37 PM

Upcoming changes to insurance industry in Ontario People standing on form

Now that the buzz of the Raptors’ championship has faded, the people of Ontario are clamouring for the next big thing. Thankfully, the government of Ontario is obliging. They are in consultation with various groups, including representatives of the insurance industry and with lawyers who practice personal injury law. A chapter in the provincial budget outlined an ambitious breadth of changes, many of which are still in the preliminary stages of being considered. ... [read more]

Thursday, July 04, 2019 @ 2:36 PM

Ontario Court of Appeal shuts many out | Michael Lesage

Access to justice is increasingly an issue in Ontario. Over tea and crumpets, posh debating societies have determined it to be serious enough to warrant discussions and committees. Meanwhile, judges have spoken out, warning that justice is increasingly available only to the rich and that our “fossilized Jurassic Park” of a legal system is at risk of becoming an “irrelevant museum piece.” ... [read more]

Thursday, July 04, 2019 @ 9:02 AM

OCCUPIERS’ LIABILITY - Duty of occupier

Appeal by the defendant from the dismissal of its motion for summary judgment to dismiss the action and from judgment in favour of the respondent. ... [read more]

Friday, June 28, 2019 @ 8:54 AM

Statement of Principles stays for now as LSO Convocation becomes mired in debate Malcolm Mercer sm

After a full day of debate on the Statement of Principles (SOP), the Law Society of Ontario (LSO) was unable to come to a decision on the diversity initiative that has not only divided Convocation, but the profession as well. ... [read more]

Friday, June 28, 2019 @ 6:24 AM

OCCUPIERS’ LIABILITY - Duty of occupier

Appeal by the defendant City from trial judgment finding it liable for the incremental damages that arose when the City failed to respond to an assault on the respondent in a timely way. ... [read more]

Tuesday, June 25, 2019 @ 6:26 AM

CONSTITUTIONAL PROCEEDINGS - Pleadings

Motion by British Columbia to strike parts of the claim. ... [read more]

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]