Personal Injury
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June 26, 2025
New trial ordered in 7-Eleven injury case over mental health damages
The British Columbia Court of Appeal has ordered a new trial in a case where a plaintiff was injured in a 7-Eleven parking lot and was awarded over $900,000 for physical and mental injuries, including those that occurred thereafter.
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June 25, 2025
Deaths from illegal drug supply fell 17% in 2024; thousands who died were men, many in their 30s
There were more than 7,000 opioid-related drug toxicity deaths in Canada last year — 20 people per day — an overdose crisis primarily driven by a toxic illegal drug supply, according to the latest data reported by the Council of Chief Medical Officers of Health and the Chief Coroners and Chief Medical Examiners.
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June 25, 2025
Court of Appeal finds judge misinterpreted civil rules, overturns dismissal of wind turbine lawsuit
A motion judge was unreasonable when she dismissed a self-represented couple’s legal action against a wind turbine operator for “inordinate and inexcusable delay,” the Ontario Court of Appeal has found.
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June 25, 2025
B.C. Court of Appeal upholds trial judge’s findings on liability, causation and damages
The case of Dynamic Air Solutions Ltd. v. Yu, 2025 BCCA 91 arose from a motorcycle accident in which the plaintiff, Yi Hao Yu, collided with the open door of a truck parked in the curb lane. The trial judge found both Yu and the truck driver, Chan Wai Chan, equally at fault and awarded Yu $413,000 in damages, split fifty-fifty. Both parties appealed the apportionment of liability.
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June 24, 2025
Ontario court rejects hospital liability in abuse case
Ontario’s top court has turned back a lawsuit from a man claiming a hospital was liable for historic sexual abuse he suffered at the hands of a doctor who ran an alternative education program on its grounds.
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June 24, 2025
Nova Scotia court confirms ‘some basis in fact’ standard for class action certification evidence
The evidentiary burden to certify a class action remains low, but the “some basis in fact” standard must still be satisfied through admissible evidence, the Nova Scotia Supreme Court has confirmed.
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June 24, 2025
N.S. court denies leave to appeal certification of class action related to COVID-19 deaths
The Nova Scotia Court of Appeal has denied a care home’s leave to appeal for an interlocutory certification order of a class action. The home argued that the judge incorrectly applied the test to certify common issues in a case where over 50 residents died at its facility due to COVID-19 exposure.
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June 24, 2025
Ontario court certifies negligence class action against Smith & Wesson over Danforth shooting
The Ontario Court of Appeal has certified a class action against Smith & Wesson over allegations that the gun manufacturer was negligent in failing to implement technology to prevent unauthorized use of the gun used in a 2018 mass shooting in Toronto.
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June 24, 2025
Have your voice heard: Take Law360 Canada’s 2025 survey on lawyer satisfaction
Law360 Canada is seeking participants for an anonymous survey on career and life satisfaction in the legal profession. Take the survey in English or French.
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June 16, 2025
SCC clarifies how to determine child’s ‘habitual residence’ in non-Hague Convention custody disputes
In upholding an Ontario Superior Court’s assumption of jurisdiction over an international custody dispute, the Supreme Court of Canada has given guidance on how courts should determine the habitual residence of children allegedly wrongly taken or withheld by a parent from a foreign jurisdiction that has not signed onto the Convention on the Civil Aspects of International Child Abduction (Hague Convention).