Personal Injury
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June 04, 2024
Cellphones in Ontario schools: Social media dangers | Marvin Zuker
Policy Program Memorandum 128 (PPM 128) references PPM145 and Progressive discipline, i.e. go to the principal’s office, who may scold you or suspend you, and I say so what?
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June 03, 2024
SCC’s Wagner urges vigilance, strong defence against false information, justice system attacks
Canada’s top judge says elected officials should not attack the justice system or the judiciary, based on false information that could shake public confidence.
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June 03, 2024
No need for new law of tort to deal with challenges posed by artificial intelligence: law institute
The use of artificial intelligence (AI) has become almost ubiquitous around the world in the past few years, with a concurrent fear of what effect new technology is going to have on people’s jobs. But a law reform institute in British Columbia is also saying more focus needs to be put on what effect AI has on the legal liability of increasingly capable autonomous machines.
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June 03, 2024
Cellphones in Ontario schools: Revenge porn and curriculum | Marvin Zuker
This must be a mandatory part of a high school curriculum, if not earlier, that teaches about mental health, a student’s right to privacy, the 2014 criminalization of the non-consensual distribution of intimate images as set out in s. 162.1 of the Criminal Code as well as a discussion of the common law tort of public disclosure of private facts, perhaps more significant in Ontario, which does not yet provide for a statutory breach of this privacy tort (See: Jones v. Tsige, 2012 ONCA 32, Jane Doe 464533 v. N.D., [2016] O.J. No. 382, and Jane Doe 72511 v. N.M., [2018] O.J. No. 5741).
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May 31, 2024
SCC gives guidance on interpreting exclusion clauses, applying standards of appellate review
The Supreme Court of Canada has clarified what is required for an exclusion clause in a contract of sale to exempt the seller from an implied condition under Ontario’s Sale of Goods Act (SGA) and has also clarified what standards of appellate review apply when trial courts interpret contracts involving implied statutory conditions.
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May 31, 2024
True confessions; cheesy games | Marcel Strigberger
This is a good time to talk about churches and cheddar. Actually, this story is more about a priest biting a woman. But there is a cheese part, to which I shall get shortly.
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May 31, 2024
DEFENCES — Voluntary assumption of risk (volenti non fit injuria) - Waiving right of action
Appeal by Mitchell and Revelstoke Alpine School (“appellants”) from trial judgment finding that waiver of liability ("Waiver") had no application to Mt Rogers expedition. The appellants argued that the trial judge erred in interpreting the Waiver as applying only to the June 18 climb.
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May 31, 2024
Cellphones in Ontario schools, the voice of the child, part three | Marvin Zuker
There is a significant perception gap between educators and students when it comes to the impact of social media on mental health. Too often, platforms like TikTok, Instagram and Snapchat are blamed for exacerbating students’ mental health problems.
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May 30, 2024
B.C. Court of Appeal reduces damages for cancer misdiagnosis that led to mastectomy
The B.C. Court of Appeal has allowed an appeal of a jury award in a case involving a cancer misdiagnosis that resulted in a patient undergoing a mastectomy — reducing the award from $400,000 to $250,000.
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May 30, 2024
Cellphones in Ontario schools, the voice of the child, part two | Marvin Zuker
On March 25, 2024, Florida became the first state to effectively bar residents under the age of 14 from holding accounts on services like TikTok and Instagram. The bill, effective January 2025, signed by Gov. Ron De Santis, prohibits certain social networks from giving accounts to children under 14 and requires the services to terminate accounts that a platform knew or believed belonged to underage users. It also requires the platform to obtain a parent’s permission before giving accounts to 14- and 15-year-olds.