Personal Injury
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May 29, 2025
B.C. Court of Appeal decision offers clarity on assessing injunctions in nuisance cases
In a nuisance complaint over a village gas station in British Columbia’s West Kootenays, the B.C. Court of Appeal has ruled that a trial judge erred by failing to properly consider a permanent injunction — but upheld her decision to grant only damages due to mitigating factors.
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May 28, 2025
Ontario reintroduces Act to attract surveyors, enable carbon storage and tackle wildfires
The Ontario government has re-introduced the Resource Management and Safety Act, aimed at enabling and regulating the use of carbon storage technology, as well as attracting more land surveyors to support Ontario’s plan to build more homes and other infrastructure.
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May 27, 2025
Class action certified against Bayer for alleged non-disclosure of contraceptive migration risk
The Alberta Court of King’s Bench has certified a class action against Bayer Inc. over allegations the pharmaceutical giant failed to disclose the migration risk of its Mirena intrauterine contraceptive device.
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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.