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Friday, November 29, 2019 @ 8:48 AM

Toto, I have a feeling we’re in Iowa | Marcel Strigberger

Dead or alive? That is the question. An interesting decision came out of the Iowa Court of Appeal recently. ... [read more]

Wednesday, November 27, 2019 @ 11:33 AM

Be careful, winter is coming: Slip and fall litigation in Ontario Slip and fall in snow

’Tis the season to refresh yourself on slip and fall litigation in Ontario. Serious injuries and significant damages claims can arise from the neglect of keeping a sidewalk, driveway or parking lot clear of ice and snow during the winter season. ... [read more]

Friday, November 22, 2019 @ 1:56 PM

Amicus curiae appointments in class actions extra_lawyer_sm

From time to time, the court, in a class proceeding, has appointed counsel as amicus curiae. Amicus curiae, is Latin for “friend of the court.” This is someone not already counsel for a party in the proceeding. In the class proceedings context, an amicus appointment may be particularly helpful at points in the proceeding where the reasonableness of a step has to be considered by the court in a non-adversarial setting, including at the settlement approval stage of the litigation and on a motion to approve class counsel’s legal fees. ... [read more]

Friday, November 22, 2019 @ 9:54 AM

Two associates join Blaney McMurtry

Blaney McMurtry announced that Joe Kelly and Victoria Mitrova have joined the firm as associates. ... [read more]

Wednesday, November 20, 2019 @ 1:02 PM

Considerations in concussion, mild traumatic brain injury cases Rope-shaped brain

One of the challenging factors in managing concussion/mild traumatic brain injury cases is that often there is very little objective evidence. Careful management and presentation of these claims is paramount. A helpful exercise is to review concussion/mild traumatic brain injury cases that have gone before the courts. ... [read more]

Friday, November 15, 2019 @ 2:34 PM

Evidentiary lessons from the medical malpractice trenches presenting_evidence_sm

In Cheesman v. Credit Valley Hospital 2019 ONSC 4996, the Ontario Superior Court of Justice provided guidance on some key evidentiary issues: 1) cross-examination of parties who have settled in multiparty litigation, and 2) the admissibility of PowerPoint and other demonstrative aids to facilitate expert testimony. ... [read more]

Friday, November 15, 2019 @ 9:31 AM

Cars without drivers: A roadmap for liability Man sitting in self-driving car

Autonomous vehicles will increasingly become a fact of life in the coming decades. And while their arrival is a certainty, how they will function is not entirely settled. In particular, the kind of technology used by autonomous vehicles to see the road in front of them and to make decisions critical to our safety is now the subject of a battle between Elon Musk and the competition. ... [read more]

Friday, November 15, 2019 @ 9:09 AM

Class Proceedings Fund gets cy près award in securities class action people_money_sm

Who can be the recipient of a cy près award in a class action? In the recent decision, Cappelli v. Nobilis Health Cor. 2019 ONSC 4521, the court approved a novel recipient of the award: The Class Proceedings Fund. ... [read more]

Wednesday, November 13, 2019 @ 8:28 AM

Seeking compensation for wrongful deaths in B.C. HighwayofDeath.jpg

Respect for the dignity of the individual human being is the fundamental value underlying the assertion of rights in Canada. It is the basis for the rights to life, liberty, security of the person and equality under the law as articulated in the Canadian Charter of Rights and Freedoms. As expressed further in its foundational law, Canada strives to be a fair and just society.   ... [read more]

Tuesday, November 12, 2019 @ 9:11 AM

Limitation periods in disability claims: Clarke v. Sun Life Close up of June 2017 date

A recent court decision highlights the complex issue of limitation periods within the world of disability claims. It also offers an important examination of the ongoing tension in the policy positions underlying divergent perspectives. ... [read more]