Personal Injury
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May 08, 2024
Nunavut agrees to $8M settlement of class action for school sexual abuse victims
Nunavut has agreed to an $8 million settlement of a class action brought on behalf of individuals who suffered sexual abuse at schools in Resolute Bay or Clyde River and those who were abused by a teacher who has been convicted of sex offences.
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May 07, 2024
Ontario Court of Appeal: Non-earner benefits deductible from loss of income tort awards
Any non-earner benefits provided to a person impaired in an accident must be deducted from a tort award for a loss of income under the Insurance Act, the Ontario Court of Appeal has held.
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May 06, 2024
Manitoba creates endowment fund for families of missing, murdered Indigenous women
Manitoba’s government is creating a $15 million endowment fund for a grant program offering help to the families of missing and murdered Indigenous women, girls and two-spirit people (MMIWG2S+).
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May 06, 2024
Pharmacogenetic testing: A game changer | Courtney Mulqueen
Combining the sciences of genetics and the study of drugs, pharmacogenetic testing offers doctors the ability to determine a patient’s potential response to medications based on their genetics.
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May 03, 2024
Despite Tomec, insurers and tribunal continue to apply SABS limitation period in a rigid way
In November 2019, the Ontario Court of Appeal released its decision in Tomec v. Economical Mutual Insurance Company, 2019 ONCA 882, in which it found that the two-year limitation period set out in the Statutory Accident Benefits Schedule (SABS) was subject to the rule of discoverability. The Court of Appeal stated that applying a hard limitation period was contrary to the consumer protection purposes of the SABS and discouraged a narrow interpretation of the time limitation by insurers. Such an approach was not only inconsistent with the policy rationales that underlie limitation periods but could also lead to absurd results.
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May 03, 2024
Court of Appeal upholds standard: Establishing link between employment, workplace injuries
The plaintiff ceased working in 2002 due to the deterioration of his vision in the course of his employment as a butcher; he was exposed to chemicals and suffered blows to the head from hanging hooks. The subsequent year he applied for disability benefits under the Canada Pension Plan (CPP). An optometrist medical examiner, Dr. Jeannot Cormier, reported, validating reports from Montreal and Ottawa, a cone-rod retinal dystrophy and a progressive bilateral retinal degeneration that led to a loss of central vision.
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May 02, 2024
New independent watchdog would assess & report how Ottawa carries out its modern treaty obligations
Ottawa says it will create an independent oversight body, led by a new “Commissioner for Modern Treaty Implementation” who reports to Parliament and whose role will be “to work to hold the Government of Canada accountable for its modern treaty obligations and advance key priorities.”
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May 02, 2024
Quebec court authorizes class action for neglect of off-reserve Indigenous children
The Quebec Superior Court has authorized a class action concerning allegations that Quebec and Canada neglected off-reserve Indigenous children by prioritizing removing them from their homes over prevention services that would have allowed them to stay in their families and communities.
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April 30, 2024
Ottawa unveils first 2024 budget bill, but doesn’t include boost to capital gains inclusion rate
The minority Liberal government says it hopes to expedite into law a newly proposed 660-page omnibus budget bill, which would enact many measures announced in this month’s federal budget, but not the government’s controversial proposal to tax capital gains at a higher rate.
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April 30, 2024
Home safe home: The legal side of property injuries
Life is unpredictable and household accidents can occur at any time, which is why having proper insurance coverage is essential. However, beyond simply being insured, there are steps a homeowner should take to minimize the chance of a mishap.