Personal Injury

  • June 14, 2024

    Law requires Ottawa to roll out national strategy to combat ‘environmental racism’ within two years

    Calling it “a significant milestone in the fight for environmental justice,” the federal Green party hailed the imminent enactment of its “groundbreaking” private member’s bill that requires Ottawa to roll out within two years a “national strategy” to mitigate the harmful fallout from “environmental racism” — which the party said disproportionately exposes marginalized, racialized and Indigenous communities to environmental hazards.

  • June 13, 2024

    HEALTH-CARE PROFESSIONALS — Liability (malpractice) — Negligence — Causation — Duty of care

    Appeal by appellants from trial judgment against them for equal share of respondents' agreed damages of $12 million. They argued that the trial judge erred in his findings of factual and legal causation regarding Doctor Padmore and Scarborough Hospital’s ("Hospital") pre-delivery acts and omissions. The respondent suffered cardiac arrest on the operating table during a cesarean section (“C-section”) at the Hospital.

  • June 13, 2024

    Specifying a date in a waiver of liability form can be risky

    Waiver of liability forms are common in the recreational industry. As a matter of public policy, these forms are important to ensuring that these kinds of businesses are not subject to potentially high damage awards when a participant is seriously injured. These forms also permit recreational businesses to ensure that the costs for comprehensive liability insurance are manageable and that insurers will be willing to provide insurance coverage to their businesses.

  • June 12, 2024

    Ontario court finds Ukraine airline liable for passenger deaths in flight shot down by Iran

    The Ontario Court Superior Court has found Ukraine International Airlines (UIA) liable for damages to the estates of passengers who died when flight PS752 was shot down by Iran’s Islamic Revolutionary Guard Corps (IRGC) shortly after it took off from Tehran in early 2020. All 176 passengers and crew on board the flight, which was bound for Kyiv, Ukraine, were killed in the incident.

  • June 12, 2024

    Saskatchewan regulator details strategic plan progress for 2023

    Saskatchewan’s law society made strides last year in rolling out parts of its current Strategic Plan — particularly in promoting diversity and equality, ensuring the competence of new lawyers and increasing access to justice for the incarcerated.

  • June 12, 2024

    Federal Court of Appeal allows appeal in part challenging federal employee COVID-19 mandates

    The Federal Court of Appeal has allowed an appeal in part by federal employees who argued that the government's mandatory COVID-19 vaccination policies breached their Charter rights, granting them leave to amend their claims. 

  • June 11, 2024

    Ex-Chief Justice of Canada says judges of Hong Kong’s Court of Final Appeal remain independent

    In the wake of Beijing’s escalating crackdown on independent voices and institutions in Hong Kong since China enacted and expanded a sweeping “national security law,” Hong Kong’s top court is still independent, retired Supreme Court of Canada Chief Justice Beverley McLachlin said as she announced her planned departure next month from the Hong Kong Court of Final Appeal.

  • June 10, 2024

    PROCEEDINGS — Settlements — Costs — Offers to settle — Interest

    Claim by plaintiff for damages arising from a motor vehicle accident. The plaintiff's vehicle ("Aspen") collided with a van. She did not suffer any injury from the first collision though the front end of her Aspen was damaged, together with other vehicles ahead of the van involved in the collision. The plaintiff and her passenger were instructed by the fire chief to wait inside the Aspen. However, the defendant's vehicle struck the Aspen from behind, causing it to spin roughly 180 degrees in a clockwise direction to face north (second collision).

  • June 10, 2024

    Cellphones in Ontario schools: ‘I can do it with a broken heart’ | Marvin Zuker

    “Cause I’m a real tough kid, I can handle my s---," says an ode on Taylor Swift’s new album, The Tortured Poets Department. “I cry a lot, but I am so productive, it’s an art.” — So very true; thank goodness for our teachers and the everyday sacrifices they make to make it work.

  • June 07, 2024

    HEALTH-CARE PROFESSIONALS — Liability (malpractice) — Negligence — Causation — Duty of care

    Appeal by appellants from trial judge’s dismissal of their negligence action on grounds that appellants had established prima facie case on causation and respondent failed to adduce evidence sufficient to displace that prima facie case. Johnson suffered two strokes.