Personal Injury
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November 18, 2025
Ontario to hold impaired drivers accountable for child support if they kill a parent
The Government of Ontario is creating new measures that would “require impaired drivers to pay ongoing child support if they kill a child’s parent or guardian.”
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November 18, 2025
Court finds delayed treatment caused toddler’s quadruple amputation, awards $15M in damages
KB v. Guhle (KB v. Guhle, 2025 ABKB 472 and KB v. Guhle, 2025 ABKB 474) is a medical malpractice case involving an 11-month-old girl who required a quadruple amputation after she developed a bacterial infection in her lungs which led to sepsis. The action revolved around three physicians who treated KB and whether their care fell below the standard, and if so, whether those failures caused her injuries.
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November 18, 2025
Proposed reforms of civil procedure: Refreshing reboot or more of the same?
I was an articling student and had my work cut out for me. I worked on a client file to prove adverse possession for a right of way across a house that had existed since the 50s but was being enforced by a neighbour. I brought all the files I had researched myself — surveys of the land, blueprints rolled up, ancient texts, photos I took of the property, transcripts of examinations.
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November 17, 2025
Appeal court certifies class action on alleged illegal insurance deductible
The Newfoundland and Labrador Court of Appeal has allowed an appeal and certified a class action against Aviva General Insurance Company for applying an alleged illegal deductible related to travel for injury treatment.
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November 17, 2025
Decision reinforces test to use when looking at liability under Ontario municipal rules, lawyer says
A cyclist who suffered a life-altering spinal cord injury in a 2019 bicycling accident has had his lawsuit against the City of Hamilton revived by Ontario’s top court, which found a motion judge applied the wrong legal standard in dismissing the case under provincial legislation that allows municipalities to avoid liability for certain accidents.
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November 17, 2025
Saying ‘yes’ to discomfort: How risk-taking grows elder law advocacy
Most legal careers are built on expertise, specialization and predictability. But some of the most meaningful work happens when lawyers say “yes” to cases that push them far outside their comfort zones.
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November 17, 2025
The irrelevance of disability or death: Wrongful dismissal damages when employee can’t work
At two recent mediations, an issue arose that does not come up often, and as a result is not front of mind for most counsel: how to calculate wrongful dismissal damages when the employee could not have worked during the notice period. In both cases, defence counsel sought to discount damages to reflect what the employee would have earned had they actually been working, while plaintiff counsel insisted on full compensation for the entire notice period.
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November 17, 2025
ATV accident decision illustrative of ‘so much grey in criminal law’
A Toronto criminal lawyer, Michelle Psutka, posted this comment online: “There is so much grey in criminal law. Accused and convicted people are not inherently bad, and the state is not inherently good.”
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November 14, 2025
SCC settles appellate courts’ clash over evidentiary requirements for impaired driving convictions
Ruling 8-1 on the Criminal Code’s evidentiary requirements for impaired driving convictions, the Supreme Court of Canada has clarified that (1) the Crown does not have to prove at trial (but must disclose to the defence) the target value used in a breath test for alcohol and (2) the Crown can rely on a certificate from a qualified technician who administered the breath test to prove the breath machine was properly calibrated.
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November 14, 2025
Associate joins Thomson Rogers
Thomson Rogers LLP welcomes Melanie White as an associate.