Personal Injury
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October 09, 2024
Personal injury lawyers ask SCC not to make it harder for clients to sue foreign defendants
When can people injured abroad sue in Canadian courts? Does the presumption of innocence apply in non-criminal settings? When a miscarriage of justice occurs, what is the scope of an appeal court’s power to acquit when setting aside a guilty plea? These are some of the questions raised by appeals slated for the Supreme Court of Canada’s new fall session as counsel began making their arguments this week in a court building with stepped-up exterior security features, such as an imposing barricade of large cement planters.
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October 08, 2024
Reliance on artificial intelligence: Could it stymie the growth of law?
Regardless of one’s personal view of the topic, it is undeniable that artificial intelligence (AI) will impact the future of law, as it will much of the rest of society.
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October 07, 2024
Ontario Court of Appeal upholds decision concluding insurer waived rights to sworn proof of loss
The Ontario Court of Appeal has dismissed an insurer’s appeal finding that it waived its right to a sworn proof of loss requirement and an appraisal related to the insured’s items lost in a fire.
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October 04, 2024
SCC affirms air passenger compensation regs are valid; expert int’l law evidence can be admissible
In an important judgment on evidence and air passenger rights, the Supreme Court of Canada has ruled 9-0 that judges have the discretion to admit expert evidence on international law so long as the threshold admissibility criteria in R. v. Mohan, [1994] 2 S.C.R. 9, are met.
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October 04, 2024
Yukon tables traffic bill with harsher penalties for impaired drivers
In a bid to bring greater safety to its highways, Yukon’s government is proposing new traffic legislation that would toughen punishments for reckless and impaired drivers.
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October 04, 2024
Lights, camera, injunction: When drama moves from the cinema to the courtroom
Legal battles in the film industry often rival the riveting drama on screen. This year, the Toronto International Film Festival (TIFF) found itself entangled in a controversy surrounding Anastasia Trofimova’s documentary Russians at War. While the ongoing tension has so far stayed outside the courtroom, it has sparked discussions about the responsibilities of filmmakers, film festivals and audiences.
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October 03, 2024
SCC judges to visit 5 cities, pick law student contest winner in 2025 as top court marks 150 years
The Supreme Court of Canada is giving ambitious law students a rare opportunity to impress its nine judges.
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October 02, 2024
Feds announce new environmental framework to target pollution, hazardous substances
The federal government has announced a framework to protect the right to a healthy environment, done through modernization and administration of the Canadian Environmental Protection Act (CEPA). It is the first time that the right to a healthy environment will specifically be recognized under the Act.
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September 27, 2024
Supreme Court rejects leave to appeal three decisions touching tax, labour and human rights
The Supreme Court of Canada this week effectively upheld lower court decisions in three significant business cases, dismissing leave to appeal rulings from the Federal Court of Appeal and courts of appeal in Nova Scotia and Saskatchewan.
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September 27, 2024
Federal Court offers bar, litigants expedited ‘no-hearing’ judicial review for study permit refusals
In an effort to speed up the judicial review of hundreds of study permit refusals as the Federal Court also contends with thousands of other immigration cases, the national trial court is offering parties who opt into a new pilot project a “simplified” no-hearing, in-writing-only procedure where judges will simultaneously decide a JR leave application and the JR’s merits, and do so within five months rather than the 14 to 18 months usually required for a final decision under the general procedure.