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Personal Injury

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Thursday, December 07, 2017 @ 9:51 AM

Supreme Court's ruling in Saadati puts physical, mental injuries on equal footing Mental injury

The key takeaway from the decision is that an injury is just that, and that there will be no substantive distinction in law or practice between a mental or physical injury — in part because it is becoming increasingly apparent that such dichotomies are not likely scientifically valid. This general theme may have application to a wide variety of other cases. ... [read more]

Thursday, December 07, 2017 @ 9:35 AM

B.C. action on distracted driving called ‘long overdue’ Scott Stanley, Murphy Battista LLP

The government of British Columbia is pledging to fight distracted driving — and is using the provincially owned automobile insurance provider to do it. ... [read more]

Thursday, November 30, 2017 @ 9:52 AM

Tort law surrounding mental injuries is evolving, thanks to the Supreme Court Mental injury

Until very recently, society's attitudes toward mental illness have been largely reflected in the legal realm, with more stringent tests for establishing a compensable mental injury. However, the law has been moving in the direction of greater recognition of mental health problems. ... [read more]

Monday, November 27, 2017 @ 9:35 AM

Pro Bono Ontario offers free legal advice over phone Pro Bono Ontario Hotline

After being in a soft-launch mode for 10 weeks, Pro Bono Ontario has officially launched its Free Legal Advice Hotline. ... [read more]

Thursday, November 23, 2017 @ 8:30 AM

CIVIL PROCEDURE - Parties - Class or representative actions - Common interests and issues - Judgments and orders - Summary judgments - For part of claim - Appeals

Appeal by the defendant James from order of partial summary judgment made against him in a class action for medical negligence. ... [read more]

Wednesday, November 22, 2017 @ 10:33 AM

Court ruling in coffee-spill lawsuit brings Canada one step closer to U.S. experience Coffee spill

As a matter of public policy, judicial decisions should be made with a view to promoting the type of conduct that Canadians are entitled to expect of each other. The ruling in Dittmann v. Aviva Insurance Company of Canada provides a different perspective on the notion that people take responsibility for their own negligent conduct. ... [read more]

Wednesday, November 22, 2017 @ 8:26 AM

WORKERS’ COMPENSATION - Claims - Claims procedure - Notice of injury or accident - Time for

Stated case from the Workers’ Compensation Appeals Tribunal (WCAT) to determine whether the five-year audiogram rule in Board Policy 1.2.5AR1 (Policy), which addressed entitlement to benefits for occupational hearing loss, was inconsistent with the Workers’ Compensation Act (Act). ... [read more]

Tuesday, November 21, 2017 @ 2:07 PM

South Asian Bar Association of Toronto celebrates award winners

The South Asian Bar Association (SABA) honoured two lawyers and one organization at its annual SABA Awards. ... [read more]

Monday, November 20, 2017 @ 1:03 PM

Class actions for historical sexual abuse cases open doors but pose challenges Courthouse

For sexual abuse survivors, legal cases are usually about more than just money. They are about coming forward, being heard and acknowledged, and holding people to account, as well as gaining a sense of justice and closure. In a class action, these goals can get lost. ... [read more]

Friday, November 17, 2017 @ 8:26 AM

WORKERS’ COMPENSATION - Benefits - Entitlement to benefits - Accident - Compensability of injuries - Psychological injuries - Stress - Legislation - Interpretation

Appeal by Hébert from the Appeals Tribunal (Tribunal) decision which dismissed his appeal from the denial of compensation benefits. ... [read more]