We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close
Focus On
In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Personal Injury

Latest

Monday, June 18, 2018 @ 2:21 PM

Cannabis impairment far different from alcohol impairment Stoneddriver_sm.jpg

The amendments to the Criminal Code through Bill C-46 are far reaching and significant. Originally, the intention was to pass this law in concert with the Cannabis Act to create new driving offences at the same time that marijuana was legalized. However, it appears that this bill is unlikely to come into force until well after the Cannabis Act is passed. ... [read more]

Monday, June 18, 2018 @ 9:52 AM

The Montreal riots: SCC decision will affect ‘common ventures’ in Quebec civil liability hockey_riot_sm

Everybody in the Bell Centre on April 21, 2018, remembers the Montreal Canadiens taking Game 7 of the Eastern Conference quarterfinals to defeat the Boston Bruins. Everybody outside the Bell Centre hours later must also remember that the celebrations turned into a riot that notably severely damaged police cars. The City of Montreal, having identified rioters who participated to the wreckage, filed legal proceedings seeking to hold jointly accountable all individuals for the damages sustained by each car. ... [read more]

Friday, June 15, 2018 @ 10:11 AM - Last Updated: Friday, June 15, 2018 @ 3:33 PM

SCC affirms 7-2 Ontario and B.C. regulators’ denial of accreditation to TWU’s proposed law school Janet Epp Buckingham

In a four-opinion ruling, the Supreme Court of Canada has ruled 7-2 that the refusal of the law societies of Ontario and B.C. to accredit Trinity Western University’s (TWU) proposed law school was reasonable because the regulators proportionately balanced the impact on the religious freedom rights of TWU’s community with the regulators’ mandate to protect the public — including promoting equal access to the legal profession, diversity and lawyer competence, as well as upholding a positive public perception of the legal profession. ... [read more]

Thursday, June 14, 2018 @ 1:32 PM

Third party liability claims, other issues arising from Yonge Street van attack red&blueflashinglights_sm.jpg

In part one of this series I wrote about the accident benefits coverage issues arising from the April 23 Toronto van attack on Yonge Street. “But what about the other coverages under the standard auto policy?” you ask. ... [read more]

Thursday, June 14, 2018 @ 10:32 AM

Accountability erosion in tort system and special status to the car | Patrick Brown

The purpose of tort law is to compensate one person for the losses caused by another. You punch someone in the nose, you pay. It is a foundational principle of tort law that the plaintiff is to be restored to the position they were in, prior to the negligent actions of the defendant. As quoted, it cast a wide net of protection. Despite this however, over the years we have decided to abandon our basic principles of accountability and afford special status to those torts committed behind the wheel of the car. ... [read more]

Wednesday, June 13, 2018 @ 8:37 AM

Texting to a driver could be illegal — here’s why texting driver

In the criminal justice system, a person is guilty of criminal negligence if they do anything, or omit to do something that is their duty, that shows a wanton or reckless disregard for the lives or safety of other people. While it is rarely seen as these matters often do not come to light until after the unfortunate injuries or death have already occurred. ... [read more]

Friday, June 08, 2018 @ 12:49 PM - Last Updated: Friday, June 08, 2018 @ 2:40 PM

Supreme Court declines to hold rioters solidarily liable for damaging police cars Nataly_Gauvin_and_Mélany_Renaud

The Supreme Court has shed light on when solidary liability attaches to wrongful acts under the Civil Code of Québec (CCQ) in a decision which holds 6-1 that rioters who contributed to damaging municipal police cars during a 2008 Montreal hockey riot can only be held liable for the specific damage each caused to a given car, and not for the total damages caused by all the rioters in respect of that car. ... [read more]

Thursday, June 07, 2018 @ 6:55 AM

SCC fractures over forum non conveniens in multijurisdictional Internet libel case Paul Schabas

The Supreme Court of Canada has splintered over the private international law principles applicable to the issues of jurisdiction, forum non conveniens and choice of law in the context of a multijurisdictional Internet libel case — with most of its judges declining to substantially reform the usual rules Canadian courts apply in deciding whether to assume and exercise jurisdiction in cross-border legal disputes. ... [read more]

Wednesday, June 06, 2018 @ 3:23 PM

Legal and liability aftermath of the Yonge Street van attack red&bluecarcrash_sm.jpg

The insurance lawyer in me is interested in the various claims that have arisen (and might still arise) as a result of the April 23, 2018, “van attack” on Yonge Street. If you were to journey into my coverage-geek brain, this is what you might see: ... [read more]

Tuesday, June 05, 2018 @ 8:30 AM

TYPES OF DAMAGES - For personal injuries - Calculation - Contingencies

Appeal by the defendant hospital and nurse from the award of damages for future loss of income and the award of costs. ... [read more]