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Personal Injury

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Wednesday, March 27, 2019 @ 2:08 PM

Corporate director owes duty of care to injured workers: Alberta Court of Appeal

The Alberta Court of Appeal has ruled a director of a construction company was liable for injuries suffered on a job site, despite his arguing any negligent act that may have been committed was done as an employee and not an officer of the company. The respondent, Doug Stewart, is a director of DWS Construction. He was involved in the installation of a temporary staircase in a home that later collapsed, injuring a number of workers from another company. ... [read more]

Monday, March 25, 2019 @ 11:47 AM

FATAL INJURIES - Claim by estate - Third party claims

Appeal by the Higgins Estate and family members from a judgment finding that their lost inheritance was not compensable under the Fatal Accidents Act. ... [read more]

Monday, March 18, 2019 @ 10:37 AM

PROCEEDINGS - Settlements

Determination of whether a settlement for an infant plaintiff should be approved. ... [read more]

Thursday, March 14, 2019 @ 11:51 AM

Autonomous vehicles mean more complex litigation swarmofcars_sm

Autonomous vehicles are becoming increasingly commonplace, especially with car companies promising that we will see robot cars within our lifetime. By 2021, it is believed that there will be 51,000 autonomous vehicles operating worldwide. Where uncertainty lies, however, is in the impact of driverless vehicles on motor vehicle litigation. This article will discuss the future of autonomous vehicles and the changes that can be expected in the insurance industry. ... [read more]

Tuesday, March 12, 2019 @ 3:04 PM

Quebec Appeal Court upholds landmark $17 billion tobacco class action

The Quebec Court of Appeal, in an explicit and stark warning to manufacturers that they will be held liable for damages for breaching their duty to inform, upheld a landmark lower court ruling that ordered three leading Canadian tobacco companies to pay up to $17 billion, including interest, in damages to Quebec smokers, the largest damage award in Canadian history. ... [read more]

Friday, March 08, 2019 @ 12:28 PM

We salute the ‘Notorious RBG’ and Canadian women legal trailblazers women lead men

“Why are you crying, mummy?” asked my 9-year-old daughter out of immense concern for me. I don’t recall the last time she saw me cry. ... [read more]

Thursday, February 28, 2019 @ 1:37 PM

Insurance coverage for designated driver services Carbottle

A recent article brought to light an allegedly unfair result after a driver employed by a designated driver service caused damage to an owner’s vehicle. ... [read more]

Thursday, February 28, 2019 @ 10:27 AM

Ex-AG alleges PM, senior officials tried to ‘politically interfere’ in SNC case; Trudeau ‘completely disagrees’ Jody Wilson-Raybould

In an accusation strenuously denied by Prime Minister Justin Trudeau, Jody Wilson-Raybould alleged that before he removed her as attorney general of Canada last month, she and her then-chief of staff experienced sustained “very inappropriate” political interference and escalating “extraordinary” pressure from senior government officials, including the prime minister and Clerk of the Privy Council Michael Wernick, to reverse her decision last fall not to shelve the criminal bribery prosecution of Montreal-based construction giant SNC-Lavalin in favour of a negotiated deferred prosecution agreement (DPA). ... [read more]

Friday, February 15, 2019 @ 9:08 AM

‘Symptoms and effects’ needed for mental stress claim, rules Saskatchewan Appeal Court Tom_Engel_sm

Saskatchewan’s Appeal Court has shown one does not need something as official as a psychiatric diagnosis to successfully claim damages for mental suffering, said a lawyer in a case involving a “bone-chilling” phone call from one brother to another. ... [read more]

Thursday, February 14, 2019 @ 1:06 PM

B.C. trial lawyers raise concerns about auto insurance settlement policy Ron Nairne, president, Trial Lawyers Association of British Columbia (TLABC)

The Trial Lawyers Association of B.C. (TLABC) is raising concerns the case settlement policy of the provincially owned auto insurer will lead to an increase in the number of trials and hamper people’s ability to receive proper settlements for their claims. ... [read more]