Personal Injury
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June 17, 2025
CBA backs constitutional amendment to constrain federal use of Charter’s ‘notwithstanding’ clause
In a rare move, the Canadian Bar Association (CBA) has thrown its support behind a Senate public bill (S-218), which proposes a constitutional amendment to restrict and structure the discretion of the federal government to breach Charter rights via the contentious s. 33 “notwithstanding” clause.
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June 16, 2025
Insurance Bureau says unchecked increase in litigation funding could drive up insurance costs
The Insurance Bureau of Canada (IBC) is calling for restrictions on litigation funding on the basis that it is being used as an investment tool that uses the court system to generate profits for large financial firms.
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June 16, 2025
Ontario judge allows health services board to intervene in private clinic's $290K repayment appeal
The Ontario Superior Court of Justice has allowed the Health Services Appeal and Review Board to intervene in an appeal of its own decision requiring a private health facility to repay more than $290,000 to the Ministry of Health.
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June 13, 2025
SCC rules admissibility of Crown-led ‘sexual inactivity’ evidence must be decided in a voir dire
Holding 9-0 that evidence of a complainant’s “sexual inactivity” forms part of their “sexual history” — and is therefore presumptively inadmissible at trial — the Supreme Court of Canada has also clarified that the common law screening procedure for Crown‑led sexual history evidence “should mirror” the s. 276 Criminal Code regime that applies in a voir dire for defence-led sexual history evidence.
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June 13, 2025
Kramer v. Kramer?
We are all familiar for example with the iconic 1932 House of Lords case of Donoghue v. Stevenson, where the court broke the ice on the law of negligence enabling the customer to successfully sue the manufacturer of a bottle of ginger beer that contained a non-invited snail. AI will generally give you a decent summary of the case. But what might happen if in our search we throw in some random word, like say “Seinfeld”?
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June 13, 2025
Injury law in the digital age: Embracing new tools and technologies
From wearable devices that track health in real-time to AI summarizing dense legal contracts in plain language, injury law is being transformed by technology. Courts increasingly admit digital evidence, meaning injury law faces unprecedented opportunities and ethical pitfalls. As a result, lawyers who fail to adapt risk leaving clients at a disadvantage.
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June 12, 2025
Reducing CRR burden: Keep ‘relevance’ as standard, reduce judge-presided conferences
The Civil Rules Review Phase 2 (CRR) report mandates judicial case conferences in two forms: directions conferences and scheduling conferences. In addition, it proposes a completely new standard for productions while removing discovery, which is a cornerstone for ensuring necessary and adequate production. The CRR proposes a new production standard: production of “reliance” and “adverse” documents rather than keeping the current standard of relevance. The net result will be more ambiguity as to which documents are proper productions, and given the absence of discovery, a greater need to obtain full production of all “reliance” and all “adverse” documents.
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June 11, 2025
Employer has duty to investigate both incidents and complaints of harassment: Ontario Appeal Court
Ontario’s highest court has ruled that an arbitrator was wrong to reinstate five Metrolinx employees accused of sexual harassment, saying the company was statutorily obligated to investigate the situation even in the absence of a formal complaint.
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June 11, 2025
Judicial scarcity and Civil Rules Review: We can’t get there from here without more judges
The Civil Rules Review Phase 2 (CRR) states: “There is consensus that the problem of access to timely and affordable civil justice has only gotten worse since Hryniak, particularly following the Supreme Court’s decision in R. v. Jordan” (Hryniak v. Mauldin, [2014] 1 S.C.R. 87; R. v. Jordan, [2016] 1 S.C.R. 631).
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June 10, 2025
Canada’s top judge declares ‘in this country, the rule of law is non-negotiable’
Lawyers, as officers of the court, have a professional “responsibility and obligation” to defend the rule of law and the independence of the bar and judiciary against attacks, Chief Justice of Canada Richard Wagner said at his annual news conference in Ottawa.