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Personal Injury

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Tuesday, August 16, 2022 @ 12:22 PM

Workers’ compensation schemes cannot recover other benefits paid to claimants, court rules Barbara Billingsley

In a straightforward ruling, with two sets of reasons delivered, the Alberta Court of Appeal said that a statutory interpretation of a section of Alberta’s Insurance Act does not preclude — in this case, WorkSafeBC — from bringing a subrogated action against an estate to recover the amounts of workers’ compensation benefits paid to two claimants. ... [read more]

Monday, August 15, 2022 @ 1:08 PM

Trial judge failed to hear evidence; new trial ordered by B.C. Court of Appeal

The Court of Appeal for British Columbia unanimously ruled that a trial judge failed to consider a large body of medical and other circumstantial evidence related to an alleged collision between a bicycle and a motor vehicle, and it ordered that a new trial be held. ... [read more]

Thursday, August 11, 2022 @ 5:40 AM

HEALTH CARE PROFESSIONALS - Liability (malpractice) - Negligence - Causation - Doctors

Appeal by the plaintiffs from the dismissal of their medical negligence action. The plaintiff SF was born on June 3, 2007. She suffered acute near total oxygen deprivation for about 25 to 30 minutes before her birth. The oxygen deprivation led to severe brain damage and damage to other vital organs, leaving SF with multiple devastating, permanent disabilities. SF, her parents, and her two brothers sued Fellows, an obstetrician, alleging that he was negligent during SF’s delivery. ... [read more]

Wednesday, August 10, 2022 @ 9:55 AM

Time to decriminalize HIV non-disclosure | India Annamanthadoo and Richard Elliott

Canada has long been one of the world’s worst offenders when it comes to prosecuting people living with HIV for alleged non-disclosure of their HIV status. Since 1988, there have been more than 220 such prosecutions. Not only are we a world leader by the numbers, we’re charging people with disproportionately harsh offences — in most cases, aggravated sexual assault, even when HIV was not transmitted and there was little to no risk of transmission. And if convicted, a person is automatically added to the sex offender registry for life and, if they are a non-citizen, they are deported. ... [read more]

Tuesday, August 09, 2022 @ 12:09 PM

Gluckstein Lawyers adds two senior lawyers

Gluckstein Lawyers welcomed senior counsel James Newland and senior associate Brian Moher to the personal injury firm. ... [read more]

Monday, August 08, 2022 @ 11:19 AM

Lerners adds associate to office in London

Lerners announced it is further expanding its London health law, education and plaintiff personal injury groups with the arrival of a new associate, Megan Dawson. ... [read more]

Monday, August 08, 2022 @ 10:50 AM

Court of Appeal decision ‘monumental victory’ for psychiatric patients: Toronto lawyer Anita Szigeti

An Ontario Court of Appeal judgment in favour of patients who underwent “degrading” and “inhumane” treatment while detained at a psychiatric facility is a victory for all people living with mental health issues, according to a Toronto lawyer. ... [read more]

Thursday, August 04, 2022 @ 1:47 PM

From the schoolyard to the bench: Bullying in legal profession Giant finger pointing at man

A good lawyer can argue almost any point, but it is difficult to argue with statistics, and statistics show that people who practice law are among the most at-risk professionals for depression, substance abuse, mental illness and even suicide. ... [read more]

Thursday, August 04, 2022 @ 9:38 AM

Lawyer’s 4.5-month licence suspension for sexual, racial harassment called ‘slap on the wrist’

A recent decision by the Law Society of British Columbia suspending the licence of a managing partner for four-and-a-half months for repeatedly sexually and racially harassing his employees has renewed concern that Canadian legal regulators are still not doing enough to combat sexual and racial harassment by legal professionals, including failing to protect vulnerable lawyers, staff and clients from such invidious abuses of power by more senior members of the bar. ... [read more]

Thursday, August 04, 2022 @ 9:29 AM

Midnight in the garden of good and evil | Murray Gottheil

There is nothing funny about child abuse, so I hesitate to tell this story. But there is a point to it, so please bear with me. ... [read more]