Personal Injury
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May 31, 2024
SCC gives guidance on interpreting exclusion clauses, applying standards of appellate review
The Supreme Court of Canada has clarified what is required for an exclusion clause in a contract of sale to exempt the seller from an implied condition under Ontario’s Sale of Goods Act (SGA) and has also clarified what standards of appellate review apply when trial courts interpret contracts involving implied statutory conditions.
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May 31, 2024
True confessions; cheesy games | Marcel Strigberger
This is a good time to talk about churches and cheddar. Actually, this story is more about a priest biting a woman. But there is a cheese part, to which I shall get shortly.
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May 31, 2024
DEFENCES — Voluntary assumption of risk (volenti non fit injuria) - Waiving right of action
Appeal by Mitchell and Revelstoke Alpine School (“appellants”) from trial judgment finding that waiver of liability ("Waiver") had no application to Mt Rogers expedition. The appellants argued that the trial judge erred in interpreting the Waiver as applying only to the June 18 climb.
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May 31, 2024
Cellphones in Ontario schools, the voice of the child, part three | Marvin Zuker
There is a significant perception gap between educators and students when it comes to the impact of social media on mental health. Too often, platforms like TikTok, Instagram and Snapchat are blamed for exacerbating students’ mental health problems.
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May 30, 2024
B.C. Court of Appeal reduces damages for cancer misdiagnosis that led to mastectomy
The B.C. Court of Appeal has allowed an appeal of a jury award in a case involving a cancer misdiagnosis that resulted in a patient undergoing a mastectomy — reducing the award from $400,000 to $250,000.
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May 30, 2024
Cellphones in Ontario schools, the voice of the child, part two | Marvin Zuker
On March 25, 2024, Florida became the first state to effectively bar residents under the age of 14 from holding accounts on services like TikTok and Instagram. The bill, effective January 2025, signed by Gov. Ron De Santis, prohibits certain social networks from giving accounts to children under 14 and requires the services to terminate accounts that a platform knew or believed belonged to underage users. It also requires the platform to obtain a parent’s permission before giving accounts to 14- and 15-year-olds.
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May 29, 2024
Litigants need to take realistic positions regarding liability and damages
In Lawless v. Joanovits, 2024 ONSC 1561, a costs endorsement following a five-day jury trial, Justice Mark Edwards encourages personal injury litigants to account for the risk of trial in their negotiations. He strongly encouraged all parties to take a more realistic position as it relates to liability and damages so as not to waste the court time with matters that ought to have been resolved.
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May 29, 2024
More Ontario schools, school boards join $4.5 billion lawsuit against social media giants
A number of school boards and private schools in Ontario have joined a multi-billion dollar lawsuit against tech giants Meta, Snapchat and TikTok for allegedly disrupting student learning and the education system.
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May 29, 2024
Cellphones in Ontario schools, the voice of the child: Both on silent | Marvin Zuker
According to Ontario Premier Doug Ford on April 30, 2024, “[I]t’s staggering numbers, the numbers I’ve seen with parents supporting the ban because they want their kids to go to school and learn — not to be on social media and fiddling around with their cellphones during class,” he said. “Outside of class, all the power to them. You can do whatever you want. But while you’re in learning, you’ve got to learn. The teachers want the kids to pay attention. It’s as simple as that. It’s not that complicated. Don’t use the phones.” (Toronto Star, April 30, 2024.)
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May 27, 2024
Indigenous Peoples’ Court welcome addition to city of Sudbury | Michael Michel
On May 2, 2024, Sudbury, Ont., became home to the 20th Indigenous Peoples’ Court in the province. In a special sitting of the Ontario Court of Justice, members of local First Nations, the judiciary and various community stakeholders gathered to celebrate this momentous occasion.