Personal Injury

  • 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).

  • 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.

  • 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.

  • September 08, 2025

    Stronger laws required to protect Canadian health data

    Canada needs more robust legislation to prevent electronic health records from being accessed and potentially used by foreign entities.

  • September 04, 2025

    Ontario court approves $901M fees for Quebec class counsel in landmark tobacco settlement

    In a landmark ruling, an Ontario judge approved $901 million in fees to Quebec class action lawyers who secured a $4.1-billion settlement from tobacco companies for Quebec residents who were addicted to nicotine and suffered from smoking-related diseases.

  • September 04, 2025

    ASSESSMENT OF DAMAGES - Measure of damages - Deductions

    Appeal by appellants of an award of damages for past and future loss of earning capacity to the respondent for injuries he suffered in two motor vehicle accidents.

  • September 03, 2025

    Legal experts & advocates push PM Carney for urgent action to secure Canada’s ‘digital sovereignty’

    Legal experts, advocacy organizations and prominent Canadians are asking Ottawa to urgently legislate and implement measures to counter the digital risks to Canada’s autonomy and democracy posed by artificial intelligence (AI), foreign interference and U.S. tech giants’ dominance of domestic digital infrastructure.

  • September 02, 2025

    LSM annual report a ‘comprehensive’ look at fiscal year, road ahead: president

    As Manitoba’s law society takes stock of its most recent fiscal year, the regulator’s new president aims to continue the work of minding lawyers’ well-being as part of a new strategic plan. Law Society of Manitoba (LSM) president Kyle Dear recently sat down with Law360 Canada to discuss the recent release of the law society’s 2025 annual report — a 31-page snapshot of the regulator’s latest fiscal year, which ran from April 1, 2024, to March 31, 2025.

  • August 29, 2025

    ‘Right to be forgotten’ privacy issues under PIPEDA and Charter heading to Federal Court

    Does Parliament’s private-sector privacy law protect the “right to be forgotten”? That question, at least in part, is now headed to Federal Court, following a groundbreaking determination this week by Canada’s privacy commissioner that Canadians have a right under the federal Personal Information Protection and Electronic Documents Act (PIPEDA) — in some circumstances and when certain criteria are met — to have online material about them delinked from their names (“de-listed”) so that published material is not listed in search engine results when their name is searched.

  • August 29, 2025

    Karyn Jemmott joins McCague Borlack

    McCague Borlack LLP has announced that Karyn Jemmott has joined its Toronto office as a law clerk.