Personal Injury
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December 24, 2024
Ontario government files leave to appeal application with SCC in climate change Charter rights case
The Government of Ontario has filed a leave to appeal application to the Supreme Court of Canada in a case challenging its passing of the Cap and Trade Cancellation Act, which lowered targets for greenhouse gas emissions.
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December 24, 2024
N.B. Court of Appeal certifies class action related to Oxytocin use by Moncton birthing room nurse
The New Brunswick Court of Appeal has allowed an appeal and certified a class action relating to a nurse’s use of Oxytocin on patients while they were in labour, allegedly causing harm to several mothers.
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December 23, 2024
Feds release data on opioid-related harms, finds almost 4,000 deaths in six months
The Public Health Agency of Canada (PHAC) has released the latest surveillance data on opioid and stimulant-related harms, noting that from January to June this year there were an average of 21 related deaths per day.
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December 23, 2024
Consultation period begins for proposed air passenger rights regulations
Canada has moved a step closer to stronger protections for airline travellers with the launch of a 75-day public consultation period — but the timing of the proposed passenger rights regulations remains uncertain.
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December 23, 2024
Peace on Earth? | Derek Ross
The Christmas season is here, bringing with it a renewed emphasis on ideals like “peace on Earth.” But what does “peace” really mean — especially in a world full of distractions, demands and discord?
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December 20, 2024
Nova Scotia court certifies class action against Northwood care facilities over COVID-19 deaths
The Nova Scotia Supreme Court has certified a class action against Northwood Group concerning allegations that the Halifax-area elder care provider’s failure to adhere to existing protocols to prevent infections in the first wave of the COVID-19 pandemic led to the deaths of 53 residents at its facilities.
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December 19, 2024
Cumberland v. Maritime College: Lessons in termination law and damages introduction
Roderick Cumberland, a long-serving (with approximately seven years’ tenure) academic instructor at the Maritime College of Forest Technology, faced significant challenges at work. His strict methods, differing opinions and conflicts with staff and students culminated in his termination for cause. The trial court found that Cumberland’s actions indeed reflected the issues raised by his employer. However, both the trial and appellate courts held there was no cause for termination due to the lack of progressive discipline.
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December 18, 2024
The crime of domestic violence | Michael Cochrane
In two previous columns I examined the staggering amount of money taxpayers shell out to deal with the consequences of domestic violence and the potential “be careful what you wish for” impact on family law proceedings of a new tort of family violence. In this column I take a look at the proposed changes to the Criminal Code with the criminalization of coercive control of an intimate partner. This new crime is being advanced in Bill C-332 and as of this writing is before the Senate for second reading.
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December 17, 2024
Ontario Court of Appeal dismisses class action after 21-year delay
The Ontario Court of Appeal has upheld the dismissal of a 21-year old certified class proceeding finding that the delay in the action was inordinate and inexcusable.
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December 17, 2024
Vavilov at five | Sara Blake
Five years ago, on Dec. 19, 2019, the Supreme Court of Canada, in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, re-set the standard of review for questions of statutory interpretation. In that case, and two others decided in the same week, the court demonstrated how the new standard of review is to be applied.