Personal Injury
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September 25, 2025
B.C. court narrows herbicide class action, strikes battery and general damages claims
The B.C. Court of Appeal has narrowed a class action alleging that exposure to paraquat in herbicides increased the risk of Parkinson’s, ruling exposure cannot ground a battery claim and that a common issue on general damages could not be addressed on a class-wide basis.
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September 23, 2025
Angela Ribarich returns to McCague Borlack as associate
McCague Borlack has announced that, after having summered and articled at the firm, Angela Ribarich is returning as an associate.
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September 22, 2025
Court upholds certification denial for major junior hockey abuse class action as unmanageable
The Ontario Court of Appeal has upheld the refusal to certify a class action alleging decades of systemic abuse in major junior hockey, deferring to a motion judge’s conclusion that the case would be unmanageable.
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September 19, 2025
SCC rules 5-4 in favour of Toronto homeowners’ adverse possession claim against municipal parkland
In a far-reaching adverse possession judgment that rejects a judge-made immunity for municipal parkland facing matured possessory claims in Ontario, the Supreme Court of Canada has ruled 5-4 that two Toronto homeowners own a piece of adjoining municipal parkland that was fenced into their backyard decades ago by the home’s previous owner.
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September 17, 2025
Reducing the ‘strikingly high’ commissions of auto brokers in Alberta: Another key to affordability
Two months ago, we explored how unrestrained auto body insurance fraud, evidenced by nine out of 10 hidden cameras and other indicators across Canada, likely impacts auto insurance affordability here in Alberta. This article recognizes another area of auto insurance that could use some serious reform: auto insurance broker regulation.
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September 16, 2025
Justice of the chocolate-y kind
Canada’s rich history with chocolate extends beyond its culinary appeal to include a fascinating intersection with legal frameworks. As the country continues to innovate and expand its chocolate industry, various legal themes emerge that shape the production, distribution and consumption of this beloved treat.
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September 11, 2025
FOR TORTS - Direct causal connection or link
Appeal by appellant from trial judge’s award of damages for personal injuries which arose from two separate motor vehicle accidents.
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September 10, 2025
Plaintiff’s family protection policy liable before defendant’s umbrella policy: court
The Ontario Court of Appeal ruled that once a vehicle owner’s $300,000 auto liability policy, which covered her daughter’s at-fault driving, was exhausted, the plaintiff’s family protection endorsement had to respond to the damages claim before the owner’s $1-million personal umbrella liability policy (PLUP).
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September 10, 2025
New OBA president hopes to bring ‘more conversational experience’ to position
The Ontario Bar Association (OBA) has a new leader at its helm. Katy Commisso took over the top job from former president Kathryn Manning at the beginning of September after serving a term as the first vice-president of the OBA, which is the professional association for Ontario's lawyers, judges and law students. She will serve for the 2025-26 term. Commisso, a native of Burlington, Ont., said she did not grow up wanting to be a lawyer.
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September 09, 2025
Aviva estopped from denying coverage in boating accident after delay in raising coverage concerns
The Federal Court rejected an insurer’s bid to avoid defending and paying claims from a fatal boating accident, ruling that it was estopped from denying coverage after delaying and taking steps that prejudiced the insured’s access to evidence.