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Personal Injury


Tuesday, September 05, 2023 @ 4:45 PM

Ottawa extends tenure, assessments of judicial advisory committees to three years from two Federal Justice MInister Arif Virani

Faced with loud complaints that Ottawa chronically takes too long to fill vacancies on the superior courts, the Liberal government has announced that new members of its 17 judicial advisory committees (JACs) which vet applications for the bench across Canada will serve for three years, rather than two, while the JACs’ evaluations of individual applicants as “highly recommended,” “recommended” and “unable to recommend” for the federal benches are similarly extended to three years from two, as of Aug. 1. ... [read more]

Tuesday, September 05, 2023 @ 2:21 PM

Better late than never? Not when it comes to expert reports Lawyer looking at files

This is a case study of the decision in Lamothe v. Sudbury Trail Plan Assn., 2023 ONSC 3176. Gaetan Lamothe, the plaintiff, was in a snowmobile accident in 2014. The plaintiff served several expert opinion reports regarding the nature and extent of his injuries. The defendant did not serve any responding expert opinion reports. The matter was set down for trial twice; in 2019 (delayed due to COVID) and in September 2023. In February 2023, the defendant moved to require the plaintiff to undergo four independent medical assessments and leave to extend the deadline to deliver the reports late if the assessments are ordered. ... [read more]

Tuesday, September 05, 2023 @ 1:53 PM

Accidents — the unamusing side of amusement park rides Rollercoaster

Amusement parks and fairs across Ontario such as the Canadian National Exhibition in Toronto are sure signs of the coming of autumn. For children and those young at heart, thrilling midway rides are a key attraction. ... [read more]

Tuesday, September 05, 2023 @ 1:27 PM

Canadian legal market AI survey shows high awareness of tech, ‘significant’ ethical concerns

Generative artificial intelligence (GAI) tools, such as ChatGPT, have been a hot topic for the legal profession over the past year, with courts, associations and law schools grappling with the implications of the technology. A new report, issued by LexisNexis Canada, noted that a vast majority of the Canadian legal market had “significant” concerns about the ethical implications of generative AI and over half of the profession, as well as students, believe it will “change law schools and the way law is taught and studied.” ... [read more]

Tuesday, September 05, 2023 @ 1:00 PM

New Brunswick: Shame on you and your policy 713: Epilogue | Marvin Zuker

When I completed my writing the first week of August 2023 about New Brunswick and policy 713, I thought maybe, maybe, I’m done and let’s wait and see what happens in that province. Well, I was clearly wrong. The minister of education in Saskatchewan has clearly taken a page from the education minister in New Brunswick. In terms of public school education, these policies are arguably patently unlawful. It is about the best interests of the child and the welfare of the child as “even” the Saskatchewan Court of Appeal recently alluded to. See Peterson v. Peterson 2019 SKCA 76. ... [read more]

Friday, September 01, 2023 @ 2:09 PM

Inconspicuous hazard plays role in court’s ruling in favour of injured motorcyclist Motorcycle2

The responsibility of municipalities to maintain roadways so they are safe for all vehicles has been reinforced by a recent Ontario Court of Appeal decision. The court awarded substantial damages to a motorcyclist who was injured after he encountered a bump in the pavement while riding, causing him to lose control of the motorcycle. ... [read more]

Friday, September 01, 2023 @ 9:42 AM

Manitoba lawyer takes over helm of CBA

The Canadian Bar Association (CBA) on Sept. 1 announced that John Stefaniuk of Winnipeg has begun his year-long tenure as the 95th president of the 127-year-old association of more than 38,000 lawyers, notaries, law professors and law students across Canada. ... [read more]

Tuesday, August 29, 2023 @ 2:26 PM

[ Legal Wire ] - B.C. court rejects proposed class action regarding allegedly defective airbag units in cars

The British Columbia Supreme Court has dismissed an application to certify a proposed class action against an airbag control unit manufacturer and the car manufacturers that used them, finding that the plaintiff’s claims regarding defective airbag control units had no basis in fact. ... [read more]

Monday, August 28, 2023 @ 3:08 PM

Ottawa appoints four judges to Ontario Superior Court

The federal Department of Justice (DOJ) on Aug. 28 announced four judicial appointments in the province of Ontario. ... [read more]

Monday, August 28, 2023 @ 10:30 AM

New Brunswick: Shame on you and your policy 713, part seven | Marvin Zuker

In view of the preceding series on New Brunswick’s recently introduced regulations, what follows is my suggestion for a repealed policy 713.   ... [read more]