Personal Injury

  • February 21, 2024

    Gliding on a rink is fun; slipping on a sidewalk is not

    In the current winter season, much of Ontario has seen little snowfall thus far. However, residents must remain prepared, as February could bring significant changes in weather patterns.

  • February 20, 2024

    170 lawyers, law students raise concerns about expanding MAID for mental illness | Derek Ross

    On Feb. 1, 2024, the federal government introduced Bill C-62 to impose a three-year delay on the expansion of assisted death to those whose sole underlying condition is a mental illness. If the bill does not pass, MAID for mental illness will, under a “sunset clause” contained in a previous bill, be legalized on March 17, 2024.

  • February 20, 2024

    Alta.’s Justice Mary Moreau welcomed at celebration of first female-majority Supreme Court of Canada

    The milestone appointment of Justice Mary Moreau was celebrated in Ottawa, where the ex-chief justice and former criminal lawyer and constitutional litigator from Alberta was lauded for her “unparalleled work ethic,” “great intelligence” as well as for her “humility” and “compassion.” “For the first time in the history of our country, the majority of judges sitting on the Supreme Court are now women,” federal Justice Minister Arif Virani said

  • February 20, 2024

    B.C. prosecutors update hate crime policy to include hate propaganda, conversion therapy offences

    The B.C. Prosecution Service (BCPS) has announced revisions to its hate crime policy. The definition of hate crime has been updated to include “hate propaganda” offences, such as advocating or promoting genocide, public incitement of hatred, willful promotion of hatred, and willful promotion of antisemitism.

  • February 15, 2024

    B.C. invests $29M in legal aid for family violence victims, prompted by constitutional challenge

    British Columbia is soon to have a “historic level of access to legal aid services” through the expansion of legal aid eligibility criteria, allowing more people in the province to receive legal representation through a new family law clinic model. The B.C. government is investing $29.1 million in this over the next three years, allowing Legal Aid BC to have the capacity to serve 4,500 new family law clients.

  • February 14, 2024

    Court rules PM, justice minister ‘failed’ litigants & courts with many tardy judicial appointments

    A Federal Court judge has refused to order the Trudeau government to fill the present high level of 75 superior court vacancies within specified timeframes; instead the judge recognized a “constitutional convention” that judicial vacancies “must be filled within a reasonable time” and declared his “expectation” that Ottawa will begin to discharge its unfulfilled constitutional duty to fix the country’s “untenable and appalling crisis and critical judicial vacancy situation,” including by reducing the vacancies to the mid-40s “within a reasonable time.”

  • February 14, 2024

    General damages of $180K: HRTO signals changing landscape | Stuart Rudner

    For many years, I have been critical of the fact that our judicial system allows people who engage in harassment or discriminatory conduct to get off with a mere slap on the wrist. However, the decision of the Human Rights Tribunal of Ontario in L.N. v. Ray Daniel Salon & Spa, 2024 HRTO 179, provides some hope that change is underway.

  • February 13, 2024

    SCC’s output fell to 34 judgments in 2023, renewing questions, concerns within the bar

    Is the Supreme Court of Canada giving enough legal guidance to Canadians, particularly in private law cases? It’s a question simmering within the legal community, one that attracts the attention of academics and litigators and that might benefit from the court shedding some light, especially because the numbers of cases the nine judges hear and decide have been trending down for more than a decade, without explanation.

  • February 13, 2024

    NUISANCE - Public nuisance - Liability - Animals

    Action by plaintiff for damages due to defendants’ negligence. The plaintiff was walking with her husband and her leashed chihuahua Kobe when she tripped on the curb and broke her left fibula above her ankle after the defendants' unleashed golden retriever, Hunter, bounded across the defendants' yard and across the street toward them.

  • February 09, 2024

    Access to diagnostic imaging for Canadians with disabilities

    On Jan. 8, United States Attorney General Merrick Garland issued draft revisions to the regulations implementing Title II of the Americans with Disabilities Act (ADA). The draft revisions (Rules) were published in the Federal Register on Jan. 12, and the period for public comments formally ends on Feb. 12.

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