Personal Injury
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August 15, 2024
Class action certified alleging use of herbicide led to Parkinson’s disease
The British Columbia Supreme Court has certified a class action against Syngenta AG and its certain subsidiaries for exposure to an active ingredient in a herbicide that was alleged to have caused Parkinson’s disease.
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August 12, 2024
Medical device maker may pay up to $140,000 per patient to settle hip implant class action
Medical device manufacturer Biomet Inc. has entered an agreement to settle a class action concerning allegedly defective hip implants under which affected patients are set to receive up to $140,000 in addition to reimbursement for expenses.
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August 08, 2024
CIVIL PROCEDURE — Appeals — Interlocutory or final orders
Appeal by appellant from motion judge’s summary judgment dismissing his claims for spoliation and intentional infliction of mental suffering and directing that defamation and breach of contract issues be decided by way of a minitrial. The appellant argued that the motion judge misapplied the test for summary judgment and failed to explain why he preferred the respondent’s evidence over the appellant’s evidence.
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August 06, 2024
Ontario Court approves $12M settlement in GM ignition switch defect class action
The Ontario Superior Court has approved a $12 million settlement of a class action concerning allegations that General Motors was aware of an automobile ignition switch defect in certain vehicles it had sold as much as 12 years before it began recalling affected vehicles.
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August 02, 2024
Is the Vaccine Injury Compensation Program a sham? | Jasmine Daya
The vaccine rollout was eagerly anticipated by Canadians who were seeking a return to some form of normalcy following lockdowns caused by the COVID-19 pandemic that commenced in March 2020. There is no doubt that the effects of the pandemic will be felt for years to come, but the extent to which they will be felt is still unknown.
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August 01, 2024
Suggested regime in personal injury case would discourage settlement: Ontario Court of Appeal
Ontario’s highest court has rejected arguments that the plaintiff in actions that allege a permanent cognitive injury should undergo assessments of their capacity to manage property and personal care before signing minutes of settlement — but that issue may not be settled yet, as a lawyer in the case is saying he is seeking instructions to take the case to the Supreme Court.
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July 31, 2024
AMPs for securities fraud can be debts released by bankruptcy discharge: SCC
Settling conflicting appellate case law over whether the exemption in s. 178(1)(e) of the federal Bankruptcy and Insolvency Act enables administrative money penalties (AMPs) and disgorgement orders imposed by a provincial securities regulator to survive a bankruptcy discharge, the Supreme Court of Canada ruled 5-2 that $13.5 million in AMPs imposed by the BC Securities Commission on two undischarged bankrupts for fraudulent securities activity is a debt that can be released by a future discharge in bankruptcy. But it ruled unanimously in addition that approximately $5.6 million in related disgorgement orders would survive any discharge from bankruptcy the pair might obtain in future.
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July 30, 2024
Counsel contend Ottawa’s spate of judicial appointments might make novel constitutional appeal moot
Lawyers who won a groundbreaking Federal Court declaration that recognized a “constitutional convention that judicial vacancies on the provincial superior courts and federal courts must be filled within a reasonable time” contend Ottawa’s appeal should be dismissed as moot if the Trudeau government gets federal judicial vacancies down to the reasonable level set by Federal Court Justice Henry Brown last February.
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July 30, 2024
CIVIL PROCEDURE — Appeals — Quashing or dismissal of
Application by respondents for order to quash Badela’s appeal. Multiple applications were brought by the parties as a result of a single motor vehicle accident involving Badela and Donald. The parties asked a trial court judge to rule on the sequencing of the applications. The judge then considered the sequencing application in light of the larger context of judicial economy, procedural efficiency, and fairness to all parties.
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July 29, 2024
B.C. Court of Appeal declines to strike novel claim against McKinsey in opioid class action
British Columbia’s top court has declined to strike a negligent misrepresentation claim against global consulting firm McKinsey & Company in a class action concerning its alleged role in promoting opioids in Canada and its failure to warn users of the known risks of the drugs.