Personal Injury

  • May 21, 2026

    Ontario Appeal Court blocks records request in tribunal constitutional challenge

    Ontario’s top court has turned back an attempt to gain hundreds of documents as part of a constitutional challenge of Ontario’s car insurance regime. The Ontario Court of Appeal’s decision is part of a larger case about the constitutionality of Ontario’s Licence Appeal Tribunal (LAT), which has exclusive jurisdiction over the administration of the province’s no-fault statutory accident benefits regime.

  • May 21, 2026

    Feds publish results of third Tobacco and Vaping Products Act legislative review

    Minister of Health Marjorie Michel has tabled the report of the third legislative review of the Tobacco and Vaping Products Act (TVPA) in Parliament, focused on compliance, enforcement and related actions.

  • May 20, 2026

    Is the bar for catastrophic impairment getting harder to meet in Ontario?

    For seriously injured Ontarians, a catastrophic impairment (CAT) designation is critical. It unlocks enhanced medical, rehabilitation and attendant care benefits, often the difference between meaningful recovery and long-term hardship.

  • May 19, 2026

    Nova Scotia’s top court releases 2025 annual report

    The release of the Nova Scotia Court of Appeal’s latest annual report sets the stage for an increase in webcasts and a push to educate people on the importance of judicial independence, says the province’s top judge.

  • May 19, 2026

    Building the perfect divorce bonfire

    In my handy Wilderness Survival Guide, there is a step-by-step guide to building the perfect bonfire. I was reminded of it as I read last week’s Supreme Court of Canada decision in Ahluwalia v. Ahluwalia, 2026 SCC 16, which has created a new tort — the tort of family violence for coercive and controlling behaviour.

  • May 15, 2026

    SCC recognizes new common law tort of intimate partner violence in landmark family law judgment

    The Supreme Court of Canada has created 6-3 a new common law tort of “intimate partner violence” (IPV), which may be claimed separately or within family law proceedings. The far-reaching five-judge majority judgment, written by Justice Nicholas Kasirer (along with a separate lone concurrence by Justice Andromache Karakatsanis), not only recognizes a new tort, it elaborates on when novel torts should be created and on the roles of courts and legislatures in developing the law: Ahluwalia v. Ahluwalia, 2026 SCC 16.

  • May 14, 2026

    Alberta introduces new adjusted rate cap for auto insurance

    The Government of Alberta is introducing a “new adjusted rate cap alongside the province’s new Care-First auto insurance system,” which will come into effect on Jan. 1, 2027.

  • May 14, 2026

    Trial lawyers group says Ontario drivers risk gaps in car insurance coverage as of July 1

    An organization representing trial lawyers in Ontario is raising alarm bells about upcoming changes to the province’s car accident benefit system, saying they may lead people to realize too late that their coverage is not as comprehensive as they think.

  • May 14, 2026

    Mandatory breach notification requirements under Canadian privacy law

    Canadian private sector organizations are subject to a combination of compliance requirements under federal and provincial privacy laws. These laws share some common features but also some differences. One privacy obligation that varies across jurisdictions is when an organization is required to notify the applicable regulatory authority of a privacy breach event. A privacy breach refers to those events that result in the loss of unauthorized access to, or unauthorized disclosure of, personal information.

  • May 11, 2026

    MP’s deepfakes bill would burden platforms, privacy lawyer says

    On May 6, Liberal member of Parliament Michael Coteau introduced a private member’s bill in Parliament to regulate the online use and dissemination of deepfakes, but high-profile privacy lawyer David Fraser warns that the proposed law will place an undue burden on digital platforms.

  • May 11, 2026

    Coercion is not care: Canada headed in the wrong direction on substance use

    Three and a half years ago, I wrote in this column about the dangers of forcing treatment on people with serious mental health issues as a condition of keeping them living in the community.

  • May 08, 2026

    Court strikes claim against B.C. athletic commissioner over tournament injury

    The B.C. Court of Appeal has struck a third-party claim against the province’s athletic commissioner arising from allegations of negligent regulation of a martial arts competition in which a participant suffered catastrophic injuries.

  • May 08, 2026

    Privacy commissioner calls for permanent funding, prioritization of privacy

    In remarks delivered to the House of Commons, the Privacy Commissioner of Canada emphasized the “impact of a rapidly evolving technological environment,” called for modernization of federal privacy laws and advocated for permanent funding of his office.

  • May 08, 2026

    Post-winter injuries and the law’s problem with delay

    Post-winter injury files are arriving later, and the delay is increasingly being used to defeat claims outright. People are coming forward weeks after a slip on ice, a fall in a parking lot or a low-speed winter collision with symptoms that were not obvious on day one. The incident is often straightforward. The litigation problem is whether the later impairment can be connected, on evidence, to that earlier event.

  • May 08, 2026

    Jay Ralston chosen to lead OTLA

    The Ontario Trial Lawyers Association (OTLA) has elected K. Jay Ralston as its president for the 2026–27 term.

  • May 08, 2026

    Better Call Saul and AI: Changing the perception of the ‘ideal lawyer’

    Spoiler Alert: The following contains plot details from Better Call Saul. Charles McGill, the decorated senior partner in the TV series Better Call Saul, is everything the legal profession tells itself it stands for: principled, authoritative, a guardian of the rule of law. His younger brother Jimmy — the poor, hustling, desperate Saul Goodman — represents everything the profession looks down on. But as artificial intelligence dismantles the gatekeeping function that long justified the legal profession’s self-image, it is worth asking: which one of them is a more accurate reflection of a lawyer?

  • May 07, 2026

    Ban on non-competes, new crypto-asset reporting framework are features of latest federal budget bill

    The Carney government has introduced its second omnibus implementation bill to implement a slew of measures it proposed in the federal budget last November.

  • May 07, 2026

    Expanding arrest powers won’t make transit safer

    There may be a new sheriff in town. The provincial government in Ontario plans to introduce regulations designating transit special constables as “officers” under the Restricting Public Consumption of Illegal Substances Act, 2025 (RPCISA). This move will grant them sweeping powers to arrest and detain individuals and to search, seize and even destroy property.

  • May 06, 2026

    N.B. introducing legislative changes for better patient safety, quality of care

    New Brunswick has proposed legislation aimed at improving patient safety and “quality of care” through the establishment of an advisory committee, the clarifying of what is meant by “safety incidents” and improving the use of data in tracking trends.

  • May 05, 2026

    Former SCC justice Louise Arbour named Canada’s next governor general

    Prime Minister Mark Carney has announced that former Supreme Court of Canada justice Louise Arbour will become Canada’s next governor general. Arbour will become the first former judge of the top court to take on the vice-regal role.

  • May 05, 2026

    How to avoid a health insurance audit: Top seven triggers

    An audit by an extended health benefits insurer can be an extremely invasive and stressful process for a health provider such as a health clinic or health professional. These audits also carry significant potential consequences, including demands for repayment, being delisted by the insurer and complaints to regulatory colleges.

  • May 01, 2026

    Appeal on limitations defence in alleged medical malpractice case to be heard by Divisional Court

    The Ontario Court of Appeal has quashed an appeal in an alleged medical malpractice case, ruling that an order allowing two doctors to be added as defendants did not finally determine their limitations defence and could only be appealed to the Divisional Court with leave.

  • May 01, 2026

    Court finds non-priority insurer liable after failure to pay, notify priority insurer

    The Ontario Court of Appeal has overturned an order requiring two insurers to share responsibility for accident benefits, finding that an arbitrator reasonably held the first insurer fully liable after it failed to pay benefits and notify the insurer that would otherwise have been responsible.

  • May 01, 2026

    Bar says it ‘likely’ will appeal B.C. ruling that lawyer independence doesn’t require self-regulation

    Heralding a significant shift in the Canadian legal landscape, the British Columbia Supreme Court has rejected the legal profession’s constitutional challenge to the B.C. Legal Professions Act — legislation that would end more than 150 years of lawyer self-governance and self-regulation by benchers elected from the provincial bar.

  • April 30, 2026

    How long-term disability insurers are redefining who qualifies for benefits

    Long-term disability claims involving chronic pain and mental health conditions are being denied or subjected to prolonged review at rates that have increased meaningfully over the past several years. The conditions most affected are not those with straightforward, objectively measurable pathology.

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