Personal Injury
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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.
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May 24, 2024
SCC rules on privacy limits, pre-screening of ‘other sexual activity’ evidence in sex assault cases
The Supreme Court of Canada has cautioned reviewing courts against imposing overly expansive privacy restrictions in appeals concerning the admissibility in sexual assault trials of evidence of complainants’ “other sexual activity” while also giving guidance on the appropriate use of such evidence for context and credibility purposes.
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May 24, 2024
Ontario Convocation talks criminal charge disclosure, heats up over bullying, money for diversity
A committee with Ontario’s law society is considering recommending that the regulator expand the amount of lawyer information it makes public — including if a member has been hit with criminal charges.
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May 23, 2024
Ottawa proposes Citizenship Act reforms that create new framework for ‘citizenship by descent’
Ottawa has proposed an overhaul of the federal Citizenship Act, which the minority Liberal government says includes a new framework for “citizenship by descent,” going forward, that would allow persons born abroad to Canadians beyond the first generation to access Canadian citizenship based on a “substantial connection” to Canada.
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May 23, 2024
Court confirms ongoing applicability of statutory municipal law defences
In Hamilton-Dawkins v. Ajax 2024 ONSC 2152, the Ontario Superior Court of Justice recently confirmed the applicability of the statutory defences afforded to municipalities in s. 44(3) of the Municipal Act, dismissing the plaintiff’s claim for injuries arising out of a trip and fall due to a height discontinuity on the municipal sidewalk in the Town of Ajax.