Personal Injury
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March 18, 2024
Court dismisses lip filler class action against Toronto doctor due to 21-year delay
The Ontario Superior Court of Justice has dismissed a medical negligence class action due to a 21-year delay. The action alleged that a doctor used unauthorized products to perform lip injections on his patients.
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March 18, 2024
Appeal and judicial review of a tribunal decision | Sara Blake
The Supreme Court of Canada has breathed life into an Ontario statutory provision that has been mostly ignored since it came into effect in 1972. Section 2(1) of the Judicial Review Procedure Act, R.S.O. 1990, c. J.1 (JRPA), authorizes the Divisional Court to grant relief on judicial review “despite any right of appeal.” For 40 years, Ontario courts consistently overlooked this provision, instead preferring to exercise their discretion to deny a remedy on judicial review because it regards a right of appeal to the court as an adequate alternative remedy.
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March 18, 2024
Prairie court looks to no-fault auto regulations in worker’s ‘room and board’ case
Saskatchewan’s top court has “empowered” regulations governing the province’s no-fault auto insurance program in deciding the unique case of an injured fishing camp employee fighting to have the value of his room and board included with his income replacement benefits, says a lawyer.
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March 15, 2024
Cross-generational Indigenous trauma | Tony Stevenson
It is the year 2024 and the last residential school closed in 1998. Fellow First Nations demand that the school grounds be thoroughly investigated for the identity of the thousands of anomalies that have been found through radar ground searches. Several non-First Nations also want those anomalies to be verified as well so that their own opinions of these residential stories were made up to get government money. Unfortunately, their intentions are that of a very negative opinion that has been drummed up by their own inherited ignorance from the generations that came before them.
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March 15, 2024
Supreme Court rules limited statutory rights of appeal do not preclude access to judicial review
In a 9-0 judgment supportive of litigants’ access to judicial review, the Supreme Court of Canada has ruled that a limited statutory right of appeal in a case does not preclude judicial review for matters not the subject of appeal, i.e. where there is an appeal right limited to questions of law, judicial review is available for questions of fact or mixed fact and law.
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March 15, 2024
Court certifies six class actions against LTC operators for alleged COVID negligence
The Ontario Superior Court has certified six class actions against long-term care home operators for their alleged failure to protect their residents and visitors from COVID-19.
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March 15, 2024
New partner at Blaney McMurtry LLP
Vagmi Patel has been made a partner at Blaney McMurtry LLP.
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March 15, 2024
Manitoba looking to bar suspected drunk drivers from appealing suspensions for refusing interlock
Manitoba is proposing a change to its traffic laws that would bar those charged with drunk driving from appealing their licence suspensions for refusing to install an ignition interlock system in their vehicles.
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March 14, 2024
Court authorizes class action over antipsychotic drug that allegedly causes compulsive behaviour
The Superior Court of Quebec has authorized a national class action against pharmaceutical companies Otsuka Canada and Lundbeck Canada over allegations that their antipsychotic drug Rexulti causes compulsive behaviors, according to a release from law firm Rochon Genova LLP.
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March 14, 2024
Nurse, lawyer named co-managing partner at Howie, Sacks & Henry
Renée Vinett, a lawyer who is also a registered nurse, is the new co-managing partner, along with Paul Miller, at Howie, Sacks & Henry.