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Published on: 22 Nov 2018 By

Government โ€œEco Feesโ€ on New Tires Eliminated

If you recently purchased winter tires in Ontario you may have noticed that the government โ€œeco-feesโ€ charged on the purchase of new tires was eliminated as of October 1, 2018. The fee, which was approximately $3.30 per tire for passenger and light trucks was levied by the government to support the Ontario Tire Stewardship organization...

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Published on: 11 Jul 2022 By , (She/Her)

Surgical stapler malfunctions can result in serious injuries

Surgical staplers are medical devices often used to close wounds during surgery, both internally and externally. Surgical staplers are commonly used for gastrointestinal surgeries, including bowel resections, colorectal cancer surgeries, bariatric surgeries, and other conditions. When a surgical stapler malfunctions during use in an internal surgery, there may be significant consequences including serious injuries or...

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Published on: 2 Sep 2020 By

Communication breakdown – Warner v Google LLC

Introduction The British Columbia Supreme Courtโ€™s recent decision in Warner v Google LLC (โ€œWarnerโ€)1, a privacy class action related to the collection of data from smartphones, puts the role of the representative plaintiff and the nature of the solicitor-client relationship in the class action context front and centre.ย  Before the Court were two applications โ€“...

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Published on: 20 Jun 2022 By

Return to the office: Struggling with employees unwilling or unable to return

About one year ago, I blogged on various employer considerations for both hybrid and entirely remote work, including location, duration, frequency, home office requirements, legal compliance, etc. See my remote work blog for details. It was already clear at that time that employers were going to face challenges — perhaps even a mutiny — trying...

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Published on: 25 May 2022 By

Liability in motor vehicle collisionsโ€”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 result of the collision. This article...

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Published on: 16 Mar 2022 By

My family member was injuredโ€ฆ do I have a claim?

People are tragically injured or killed in motor vehicle accidents all too often. Often overlooked, however, is the way these losses directly affect the families of accident victims and their right to advance a claim under the Family Law Act in Ontario. This article explains who is eligible to advance a lawsuit and for what....

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Published on: 5 Jan 2022 By

Litigation Autonomy, Class Actions, and Unexplored Territory

Analyzing the Superior Courtโ€™s decision in Brazeau v. Canada (Attorney General), 2021 ONSC 8158 Introduction Ontarioโ€™s Class Proceedings Act, 1992 (the โ€œCPAโ€) divides class actions into different stages, contingent on whether the litigation is focused on collective or individual issues.ย A progression from one stage to another will have implications for the relationships between litigants, their...

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Published on: 16 Jul 2021 By

Horseplay pain for both employer and employee: Eynon v. Simplicity Air

Employees often defend horseplay as an effective way to make work more fun.ย But when horseplay turns dangerous, liability accrues to everyone.ย The story of Daniel Eynon and Simplicity Air is a cautionary tale. Mr. Eynon foolishly took up a challenge from a coworker to climb a 14-foot-high chain hoist. His trip up the hoist seems to...

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Published on: 18 Nov 2021 By

Notice periods โ€“ What you need to know if you have been injured as a result of snow and ice

It is that time of year again when freezing temperatures will create dangerous conditions on walkways and roadways. Ice and snow increase the risk of pedestrian slip and falls and motor vehicle collisions. Property owners and occupiers must adhere to their obligations under the Occupiersโ€™ Liability Act, while Municipalities and the Province must adhere to...

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Published on: 17 Sep 2020 By

Court finds against insurer who held insured to an โ€œabsurdโ€ standard

Lamb v Cooperators, 2020 ONSC 4955 Youโ€™ve been struck by a car. You have pain in part of your body. Youโ€™re not yet entirely sure where. Then, yes, okay itโ€™s your arm. Your arm hurts. But where exactly. Itโ€™s more your shoulder. How bad is the pain though? You think you might have hit your...

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