Personal Injury
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June 28, 2024
SCC settles confusion in tax disputes about jurisdictional boundaries of Federal and Tax Courts
In judgments that clarify the jurisdictional boundaries between the Federal Court and the Tax Court in tax disputes, the Supreme Court of Canada has rejected separate appeals by two Canadian companies who challenged how their taxes were assessed by the Canada Revenue Agency (CRA).
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June 28, 2024
Veteran Toronto lawyer starts term as LSO treasurer
The Law Society of Ontario’s (LSO) new treasurer praised his predecessor, spoke of past accomplishments and talked about “ceremony, fellowship and policy.” The LSO’s June 28 Convocation featured remarks by newly elected treasurer Peter Wardle, a Toronto-based commercial litigation and professional liability lawyer who will serve in the role for the 2024-25 term.
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June 28, 2024
Health issues in the LGBTQ+ community need to be better addressed | Courtney Mulqueen
Society has made tremendous strides in recognizing the rights of the LGBTQ+ community.
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June 27, 2024
Navigating multi-party injury litigation
The process of representing one victim in a negligence claim against a defendant or insurance company is complex, at times stressful and subject to court delays. When you add the complexities of multiple plaintiffs or multiple defendants to the already complex legal process, you are often subjected to compounding delays that may add stress to you and your clients.
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June 26, 2024
TYPES OF DAMAGES — For personal injuries — Duration of loss — Extent of incapacity
Claim by Michael for damages arising from a motor vehicle accident. Michael suffered major physical and psychological injuries when she was hit in a head-on collision while riding her motorcycle. She was on her way home when the car driven by the defendant crossed the centre line and collided with her motorcycle. Her physical injuries required surgeries and left her with chronic pain and limited mobility.
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June 25, 2024
Ontario regulator urges home insurers to improve claims processes amid rise in extreme weather
A new report from Ontario’s Financial Services Regulatory Authority (FSRA) is urging Canadian home insurers to improve their claims processes to better support policyholders — especially as global warming increases the likelihood of extreme weather events.
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June 24, 2024
British Columbia first province to launch class action targeting makers of ‘forever chemicals’
The government of British Columbia has launched what it is hailing as the first class action lawsuit by a Canadian province against manufacturers of so-called forever chemicals, alleging they knew the products would contaminate the environment indefinitely and jeopardize human health.
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June 21, 2024
Public school boards are bound by Charter; tribunals’ Charter rulings reviewed for correctness: SCC
In an important Charter and standard of review case, the Supreme Court of Canada has ruled that labour arbitrators and other administrative tribunals “should play a primary role” in deciding Charter issues within their bailiwicks — which Charter determinations courts should review on a “correctness” rather than “reasonableness” standard — and that the Charter applies to Ontario public school boards, thereby protecting board employees’ reasonable expectations of privacy in their workplaces and shielding employees from unreasonable search or seizure by their employers.
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June 20, 2024
Airline held liable for negligent risk assessment before flying through conflict zone
On June 10, 2024, following an 18-day trial in Toronto, Justice Jasmine Akbarali of the Ontario Superior Court of Justice found that Ukraine International Airlines (UIA) failed to prove that it was “not negligent” in allowing flight PS752 to depart Tehran on Jan. 8, 2020.
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June 21, 2024
National Indigenous Peoples Day: ‘For some reason, I don’t feel lucky’ | Tony Stevenson
Today has been declared National Indigenous Peoples Day. We recognize and celebrate the history, heritage, resilience and diversity of First Nations, Inuit and Métis across Canada. Every year, numerous activities are organized across the country on June 21 to showcase the richness and diversity of First Nations, Inuit and Métis cultural expressions and stories. This holiday was given to my people in 1996 by the then-governor general Romeo Leblanc.