Personal Injury
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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.
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November 12, 2025
SCC denies requests by AGs & others to make in-person intervener arguments in historic case
The Supreme Court of Canada is denying recent requests from six intervener attorneys general — as well as counsel for The Advocates’ Society and dozens of other intervener groups — to allow them to make their arguments in person in the upcoming historic Bill 21 appeal, Law360 Canada has learned.
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November 12, 2025
Extending the reach of responsibility: Vicarious liability in institutional abuse cases
The doctrine of vicarious liability can be used to hold one party responsible in law for the wrongful acts of another. Vicarious liability, while not a distinct tort, is a legal theory that can be used in civil sexual assault and battery litigation.