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Published on: 26 May 2022 By ,

Moore v. 7595611 Canada Corp. – What is a life worth?

What is a life worth? This is a question with which our legal system has grappled for a very long time. The answer is that a life is priceless, there is no amount of money that is worth a human life. Nevertheless, our Courts are tasked with the job of determining a value for the loss...

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Published on: 25 May 2022 By

Liability in motor vehicle collisions—who is responsible to compensate the victim?

All motor vehicle injury lawsuits require careful analysis of two important concepts: 1) liability, and 2) damages. Liability is the state of legal of responsibility for which an at-fault person is accountable to an injury victim. Damages are the losses that a victim has or will suffer as a …

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Published on: 24 May 2022 By

If we separate, will I get my down payment on the house back?

Let’s assume you and your spouse, whether common-law or married, own your home as joint tenants and you each paid an equal amount towards the down payment. If that’s the case, then if you separate you will each get your half of the down payment back when you sell the home and split the net...

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Published on: 24 May 2022 By

Concert injuries: Who is responsible for the Astroworld tragedy?

When Travis Scott took the stage at the Astroworld Festival at NRG Park in Houston, Texas on November 5, 2021, the crowd surged forward and the “crowd crush” resulted in the death of ten people and injuries to hundreds more. To date, nearly 500 lawsuits have been commenced in relation to thi…

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Published on: 18 May 2022 By

Assessing medical malpractice damages—Family Law Act damages—services rendered, expenses incurred, and other pecuniary losses

This article on damages for Family Law Act (FLA) claimants is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ between individuals. …

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Published on: 13 May 2022 By

Ontario Court of Appeal clarifies distinction between termination for “cause” at common law and for “wilful misconduct” under the ESA

Ontario employers are often surprised to learn that there are two different regimes governing employee termination entitlements. At common law, employees are presumptively entitled to “reasonable notice” of termination or pay in lieu unless, among other things, an employee is terminated for …

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Published on: 2 May 2022 By

Automobile insurance policy 101: Mandatory and optional accident benefits coverage

It is a requirement to have automobile insurance in Ontario. The implications of not having it are many and severe. Drivers can receive a fine in the thousands of dollars, have their driver’s license suspended and vehicle impounded if they do not carry a valid insurance policy. Understanding…

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Published on: 26 Apr 2022 By

Not all privacy is worthy of protection: Stewart v Demme at the Divisional Court

In Stewart v. Demme, 2022 ONSC 1790, the Divisional Court set aside an order certifying a privacy class action against a hospital and its former employee, Catharina Demme, who was then a nurse.   The decision, written for a unanimous panel by Justice Sachs, marks another case in which the Di…

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Published on: 22 Apr 2022 By (She/Her)

Assessing medical malpractice damages—subrogated claims

This article on subrogated claims is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ as between individuals. The assessment of dama…

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