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Published on: 19 Aug 2019 By ,

Ontario government moving towards further auto insurance reforms

On April 11, 2019, the Ontario Provincial Government released the โ€œPutting Drivers Firstโ€ blueprint, which proposes a series of reforms to the auto insurance system in Ontario. While many details of the plan have yet to be released by the Government, some of the proposed changes include: Allowing insurance companies more flexibility to offer drivers...

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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 โ€œcrowd crushโ€ resulted in the death of ten people and injuries to hundreds more. To date, nearly 500 lawsuits have been commenced in relation to this incident, most of...

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Published on: 15 Jul 2021 By

Considerations if you want a claim grounded in fraud to survive a debtorโ€™s bankruptcy

Two recent cases, Bank of Montreal v. Mathivannan, 2021 ONSC 2538 (CanLII) and Johansen v Wallgren, 2021 ABCA 234 (CanLII), highlight some procedural pitfalls to avoid when trying to have a claim survive a debtorโ€™s discharge. When a debtor files for bankruptcy, on their discharge they will be released from all provable claims in bankruptcy...

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Published on: 26 Jul 2021 By

Bill C-230โ€“A time for change

On February 26, 2020, Bill C-230, a private memberโ€™s bill, was introduced by Nova Scotia MP Lenore Zann to seek environmental justice in Canada. ย  Bill C-230 requires the Minister of the Environment to develop a national strategy to promote efforts across Canada to address the harm caused by environmental racism (the โ€œBillโ€). On June...

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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: 14 Jan 2020 By

Should I practice through a professional corporation?

There are many benefits associated with incorporating a professional corporation, including lower corporate tax rates, investment and tax strategies, and planning for retirement.ย Professionals are advised to seek legal and accounting advice in order to determine whether incorporation is appropriate given their particular circumstances. In this article, retired Siskindsโ€™ partner and business lawyer, Henry Berg, discusses...

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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: 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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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: 30 Jul 2013 By (Dianne Saxe)

Personal liability for officers and directors- how far?

Should company directors and officers be personally liable for contamination they did not cause? โ€œDirectorsโ€™ liability is one of the primary instruments used by policymakers to promote good corporate governance. However, โ€ฆ [t]he imposition of ever-increasing personal liability on directors may eventually affect the management and business efficiency of Canadian corporations.โ€ So concludes a research...

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