Personal Injury
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May 27, 2025
Civil court delay reduction and prejudgment interest
In fall 2023, Attorney General Doug Downey created the civil rules review (CRR) with a mandate to identify issues and develop proposals for reforming the Rules of Civil Procedure. The CRR’s Phase 1 Consultation Paper asked: What reforms might improve efficiency and reduce delays and costs?
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May 27, 2025
Helpful or hurtful? The dark side of social media sleuthing
Social media keeps us connected and fosters friendship and community. During the pandemic, in those long dark months after the world shut down, it became a crucial source of connectivity for many. In the years since, social media has become increasingly divisive, crude and untrustworthy. In a world of AI, fake news, deep fakes and strong political opinions, it has brought out some of the worst in people.
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May 26, 2025
Federal Court rejects constitutional challenge to $20K damages cap in federal human rights cases
The Federal Court has dismissed a constitutional challenge to the $20,000 cap on pain and suffering damages in federal human rights cases, finding the cap does not violate the Charter’s s. 15(1) equality rights.
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May 26, 2025
Federation of Ontario Law Associations asking for revamp of civil rules review
The Federation of Ontario Law Associations (FOLA) is calling on the Ontario government to ensure that ongoing reforms to the province’s civil rules are “representative, evidence-based and reflective of the diverse realities of civil litigation across the province.”
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May 23, 2025
B.C. judge rejects proposed class action over alleged mall privacy breaches by Cadillac Fairview
A proposed class action against Canadian mall owner Cadillac Fairview Corp. Ltd., alleging the covert collection of biometric data from visitors to its shopping centres, has been denied certification by the British Columbia Supreme Court.
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May 23, 2025
PUBLIC PENSION PLANS - Veterans’ pensions and allowances - Incapacity of applicant - Disability and survivors’ pensions
Appeal by appellant Attorney General of Canada from the order of the motion judge that certified the action as a class proceeding. The respondent, a veteran of the Canadian Armed Forces, suffered severe injuries from an improvised explosive device in Afghanistan in 2009.
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May 23, 2025
Selling legal services: Ads nauseum
The road not taken? Actually, I would not mind taking it if it had fewer lawyers’ billboard ads. To wit, while snowbirding in Florida recently, I could not escape the tsunami of lawyers’ ads inundating the highways.
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May 22, 2025
Proposed $21-million class action settlement reached for victims of Ottawa doctor
The end of a long-running class action against a former Ottawa family doctor who sexually abused and secretly filmed numerous female patients is potentially in sight with the announcement of a proposed $21-million settlement.
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May 22, 2025
CIVIL PROCEDURE - Settlements - Releases - Enforceability
Appeal by appellant from order of chambers judge to enforce summarily a settlement agreement with respondents and from finding settlement was valid. The appellant accepted a settlement offer from the respondents’ insurer to resolve a personal injury claim arising from a motor vehicle accident.
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May 16, 2025
Federal Court extends deadlines for immigration JRs due to surging cases, inadequate gov’t funding
Contending with far too many immigration cases for its tight budget, the Federal Court this week extended by 45 days its regulation 30-day deadlines for litigants to perfect their applications for leave and judicial review of immigration decisions (ALJRs). Why? Because the registry’s beleaguered staff simply can’t keep up, and now often needs weeks rather than days to intake and process the ALJRs — which have more than quadrupled the average volume the court experienced over the five years immediately preceding the 2020 COVID-19 pandemic.