Personal Injury
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April 23, 2025
The evolution of vicarious liability in sexual abuse cases: Application in recent cases
There have been several decisions in the past five years when Canadian courts have considered vicarious liability in the context of sexual misconduct. For the second instalment of our two-part series, we delve into the application of vicarious liability in recent Canadian judicial decisions in the context of sexual misconduct.
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April 22, 2025
B.C. Court of Appeal finds trial judge miscalculated loss of income damages in personal injury case
The B.C. Court of Appeal has increased a damages award for earnings losses in a personal injury case, finding that the trial judge erred by using a capital asset approach to assess the plaintiff’s loss of past and future earning capacity.
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April 22, 2025
The evolution of vicarious liability in sexual abuse cases
In Canada, the legal doctrine of vicarious liability can be used to hold organizations liable for the wrongful conduct of their employees, agents and volunteers. The doctrine has been held to apply to sexual misconduct in the context of school boards, religious institutions and volunteer organizations, and in various circumstances, including where it occurred outside the organization’s premises.
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April 22, 2025
New B.C. health care costs recovery bill modest when compared to ‘draconian’ 2024 proposals: lawyer
B.C. has announced it is tightening its legislation on recovery of health care costs, and a legal observer is calling them modest when compared to a law that the provincial government proposed last year but did not enact.
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April 17, 2025
SCC adopts ‘single-date’ approach to when bankrupt may be off the hook for gov’t student loan debt
The Supreme Court of Canada has settled 6-3 conflicting case law over when a bankrupt may be released from government student loan debt, pursuant to ss. 178(1)(g)(ii) and 178(2) of the federal Bankruptcy and Insolvency Act (BIA).
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April 17, 2025
Federal Court of Appeal upholds Ottawa's ban on more than 1,500 firearms, dismisses appeals
The Federal Court of Appeal has dismissed four appeals that related to six applications of judicial review on the banning of over 1,500 types of firearms in regulations brought by governor-in-council in 2020. The firearms were banned due to not being reasonable for hunting or sport, with the Federal Court finding that the regulations were not ultra vires.
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April 17, 2025
Ontario’s civil procedure overhaul: From fishing expeditions to reliance-based disclosure
Ontario’s civil justice system is on the cusp of its most sweeping transformation in over a century. The Civil Rules Review 2025, launched by Chief Justice Geoffrey Morawetz and Attorney General Doug Downey, is not simply tinkering at the edges — it’s a fundamental reimagining of how litigation is conducted in this province.
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April 16, 2025
B.C. Court of Appeal orders new trial in auto crash case over jury instruction errors
The B.C. Court of Appeal has overturned a jury verdict that found a driver not liable for rear-ending a car merging onto a highway, ruling that the trial judge failed to properly instruct the jury on the legal duties of both drivers.
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April 16, 2025
B.C. brings legislation to eliminate sick notes for short-term absences
The B.C. government is bringing changes to the province’s Employment Standards Act, eliminating the need for workers to get sick notes for short-term absences. The province said this would give health care providers more time to spend with patients, saving over 180,000 physician hours each year.
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April 16, 2025
Manitoba court examines ‘adverse inference’ in medical malpractice case
It is up to trial judges whether to apply “adverse inference” in cases of medical malpractice, says a lawyer, after Manitoba’s top court found that a local doctor, while negligent, did not cause a patient’s death due to his failure to spot a cancerous tumour.