Personal Injury
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February 08, 2024
Barring intervener counsel from pleading in person at SCC ‘improves access to justice’: CJ Wagner
The Supreme Court of Canada’s controversial policy of restricting intervener counsel to virtual appearances, rather than giving them the same hybrid option as party counsel to appear in person before the judges, “offers substantial savings, especially to those farthest from Ottawa” and “as such levels the playing field and improves access to justice,” Chief Justice of Canada Richard Wagner told the Canadian Bar Association (CBA).
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February 08, 2024
Staying safe during winter activities
Canadians are well-versed in embracing the outdoors despite the varying challenges posed by the country’s distinct seasons.
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February 07, 2024
Immigration minister says efforts to bring beleaguered Gazans to Canada stymied at border crossing
Immigration Minister Marc Miller says he’s “pretty pissed off” that Ottawa’s new humanitarian program to bring to safety Palestinians at risk in the war-torn Gaza Strip is being stymied at the Rafah border crossing from Gaza into Egypt by local authorities' refusal to permit exits for people Canada has approved for special temporary resident visas.
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February 07, 2024
Desmond inquiry recommendations likely won’t be followed: lawyer
A Nova Scotia lawyer acting for the estate of a mentally ill military man who murdered his family before killing himself has little confidence much will come of recommendations made in a recently released inquiry report, given the reactions from politicians and the “touchy” topic of gun control.
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February 07, 2024
Court upholds certification of class action against Ontario over COVID-19 response
The Ontario Court of Appeal has upheld the certification of a class action concerning alleged negligence of the Ministry of Long Term Care (MLTC) in responding to the risk posed by COVID-19 to residents of Ontario’s long-term care (LTC) homes.
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February 07, 2024
Championing Black excellence: Fostering workplace diversity during Black History Month
Canadians every February participate in activities and celebrations for Black History Month, honouring the rich legacy of Black people in Canada and their communities.
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February 07, 2024
Case study: Waksdale v. Swegon North America
In the landmark 2020 employment case, Waksdale v. Swegon North America Inc. [2019] O.J. No. 5021, a short-service employee was dismissed without cause. The provision in his employment contract that stipulated the conditions under which the employee could be terminated “for cause” without any compensation went beyond the circumstances in the Employment Standards Act (ESA), 2000, and disentitled the employee to termination and severance pay in some circumstances which the ESA required an employee be paid.
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February 06, 2024
Sanctions aim at Hamas leadership; Ottawa says first time ‘non-state actors’ targeted
The federal government says it has imposed dealings and immigration bans “effective immediately” against 11 people who “hold senior positions within Hamas or its affiliates and were integral to the planning, funding and execution of the Oct. 7 terrorist attacks against Israel” last year.
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February 06, 2024
B.C.’s Intimate Images Protection Act: Streamlined civil remedy
British Columbia’s Intimate Images Protection Act (Act) and Intimate Images Protection Regulation (Regulation) came into force on Jan. 29, 2024. Although the non-consensual distribution of intimate images is already a crime under the Canadian Criminal Code, the Act and Regulation provide a streamlined process for relief through a civil remedy for those whose intimate images have been distributed without consent or threatened with distribution.
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February 02, 2024
PROCEEDINGS - Standard of review - Correctness - Evidence - Burden of proof
Appeal by appellants, Cameron and D & T Heating and Plumbing Ltd., from trial judge’s findings on grounds that trial judge erred in law in determining appellants had onus to prove Pratt's injuries fell within the minor injury cap.