Personal Injury

  • November 12, 2026

    An unexpected scary golf liability

    We hear a lot about growing the game of golf. From Rory McIlroy to Bryson DeChambeau and all the way back to Arnold Palmer and Jack Nicklaus, the notion has been on every player’s lips: “We need to grow the game, bring youth to golf.” Those comments are inevitably followed by full-throated support for some youth-focused program — Drive, Chip & Putt; First Tee Canada; Youth on Course and others. These programs are designed to connect young people with golf professionals and coaches for lessons so they learn the game properly from the ground up.

  • November 11, 2026

    The car remembers: Preserving vehicle data in Ontario, explaining its absence and spoliation

    When it comes to evidence in motor vehicle matters, “nothing to produce” does not mean spoliation. Before alleging destruction of vehicle data amounting to spoliation, counsel must investigate what records existed, who held them and whether the opposing party took reasonable steps to retrieve them.

  • November 11, 2026

    B.C. assault appeal decision: Court retains duty to ensure jurors understand the law

    A trial judge must instruct a jury on a defence that has an air of reality, even when defence counsel has not clearly advanced it as part of the accused’s case. The British Columbia Court of Appeal reinforced that principle by overturning Duite Simms’s assault conviction and ordering a new trial (R. v. Simms, 2026 BCCA 363).

  • November 10, 2026

    Saskatchewan proposes legislation to join legal fight in opioid crisis

    Saskatchewan is proposing legislation in a bid to align itself with a “national push” to recover health care costs associated with harms caused by opioid medications.

  • November 10, 2026

    From the battlefield to the courtroom: Why I fight for the injured

    There are moments in life that fundamentally change who you are and how you see the world. For me, many of those moments happened in Afghanistan.

  • November 10, 2026

    Serve the insured: What Newfoundland and Labrador’s 120-day notice rule really costs a plaintiff

    Since Jan. 1, 2020, every lawyer taking a motor vehicle injury file in Newfoundland and Labrador has had a new deadline on the diary. Section 25.1 of the Automobile Insurance Act, RSNL 1990, c. A-22 requires a person who intends to sue for bodily injury or death arising from the use or operation of an automobile to serve written notice of that intention on the insured within 120 days after the accident.

  • November 09, 2026

    Birth injury claims: Why they differ from other personal injury cases

    When a baby is seriously injured during labour or delivery, the family’s first questions are rarely legal ones. They ask, “What happened to my baby?” and “Could this have been prevented?”

  • November 09, 2026

    Ontario decision removes roadblock for negligence cases against Crown employees, lawyer says

    Ontario’s top court has overturned the dismissal of a man’s claim over injuries he suffered in a jail attack, finding a motion judge interpreted provincial legislation on Crown liability too broadly.

  • November 09, 2026

    Harper Grey adds insurance litigation associate in Vancouver

    Cory Song has joined Harper Grey as an associate in its insurance law group in Vancouver.

  • November 09, 2026

    Miscarriage of Justice Canada: 100 wrongful conviction appeals awaiting review is profoundly troubling

    The failure to operationalize Canada’s new Miscarriage of Justice Review Commission is more than an administrative delay. It is a serious injustice to people who may be serving prison terms for crimes they did not commit.

  • November 06, 2026

    Seven days to speak up: Jakupovic and the case for real consumer protection under SABS

    The case of Jakupovic v. Intact Insurance Co., 2026 ONCA 651, decided by the Court of Appeal for Ontario on Sept. 17, 2026, exposes a contradiction at the heart of Ontario’s accident benefits regime. The courts have described the Statutory Accident Benefits Schedule (SABS) as consumer protection legislation, yet the SABS places the burden on the injured person to know that benefits exist.

  • November 06, 2026

    Appeal Court ruling reminds us that law requires more than proof that an accused committed the act

    A criminal accused can fail to establish that a mental disorder rendered him not criminally responsible for an offence and still rely on evidence of that disorder to challenge whether he possessed the specific intent required for murder. That important distinction lies at the heart of a recent British Columbia Court of Appeal decision overturning the second-degree murder conviction of Yasin Jemal Rashid and ordering a new trial (R. v. Rashid, 2026 BCCA 364).

  • November 05, 2026

    Seven days to speak up: Why insurers should have to tell you about your accident benefits

    Imagine you have just been in a serious car crash. Your car is a write-off, you are in pain, and you have never made an insurance claim before. The next day, you call your insurer to report the damage to your vehicle. You assume that if you are entitled to anything else, your insurer will tell you. Months later, after paying for treatment out of your own pocket, you learn from a paralegal that you were entitled to accident benefits all along.

  • November 03, 2026

    Saskatchewan proposes laws to better protect police, others from ‘bodily substances’

    Saskatchewan has tabled legislation to strengthen safety measures for police and other first responders exposed to someone’s “bodily substances.” On Oct. 29, the province announced proposed amendments to its Mandatory Testing and Disclosure (Bodily Substances) Act, which would “provide quicker access to testing orders and results, and promote compliance with testing orders” brought against the “source” of the bodily substance.

  • November 03, 2026

    Legislators have an obligation to intervene in segregation practices at Waypoint

    The revelations in Toronto Star courts and justice reporter Jacques Gallant’s investigation into prolonged psychiatric seclusion at Waypoint Centre for Mental Health Care in Penetanguishene raise questions Ontario legislators can no longer afford to ignore.

  • October 30, 2026

    Privacy regulators call for health data protection in AI systems, laws and regulations

    Federal, provincial and territorial privacy commissioners and ombuds have issued a resolution calling for a responsible approach to the development, procurement and adoption of artificial intelligence systems in health care and health research.

  • October 30, 2026

    N.B. Appeal Court allows correction of class action residency defect

    The New Brunswick Court of Appeal has rejected insurers’ attempt to invalidate a proposed class action because the original plaintiff lived outside the province, finding that the residency defect could be corrected by adding an eligible plaintiff.

  • October 30, 2026

    SCC elaborates on mens rea in dangerous driving cases that involve momentary driver inattention

    The Supreme Court of Canada has specified that a driver’s brief period of inattention is one factor to consider, among others, when analyzing the mens rea in dangerous driving cases. The top court also reiterated its holding in previous decisions that, in some circumstances, a driver’s momentary lapse of attention can, on its own, constitute a marked departure from the standard of care.

  • October 29, 2026

    Tracing the harm in IPV claims: SCC in Ahluwalia & Hemmings

    Five months ago, in Ahluwalia v. Ahluwalia, 2026 SCC 16, the Supreme Court of Canada recognized a new tort of intimate partner violence (IPV). Since then, family lawyers across Canada have been adding damages claims to their pleadings and learning to think like personal injury lawyers.

  • October 29, 2026

    A legal system for the rich, and one (of sorts) for the poor

    Let’s face it folks. Our legal system caters to the rich and, on occasion, the middle class. Most of society cannot afford good lawyers and are on their own navigating our legal system. There is a simple reason for this. Lawyers like to earn good money. It is impossible to do that serving clients who cannot afford to pay hundreds — or thousands — of dollars an hour.

  • October 27, 2026

    Ottawa unveils bill paving way to legally carry out advance requests for MAID

    The federal Liberal government has introduced promised Criminal Code amendments to legalize medical assistance in dying (in specified circumstances) for legally incompetent persons who validly make advance requests for MAID while they are still competent. On Oct. 27, federal Justice Minister Sean Fraser introduced Bill C-41, the proposed MAID Safeguards Act, that would decriminalize the actions of doctors and nurse practitioners who carry out advance requests for MAID, provided that these medical practitioners have complied with specific safeguards and conditions, including requirements put in place by the applicable province or territory.

  • October 27, 2026

    SCC decision in Hemmings brings real-risk test into sharper focus

    The Supreme Court of Canada’s decision in Hemmings v. Padmore, 2026 SCC 34 returns to a question at the centre of Mustapha v. Culligan of Canada Ltd., 2008 SCC 27: when is an injury too remote to attribute to a negligent defendant? The result is a divided judgment, but its central lesson is clear. A court must identify the risk that made the defendant’s conduct negligent and ask whether the plaintiff’s injury was a real, reasonably foreseeable consequence of that risk.

  • October 26, 2026

    Optional isn’t obvious: Untangling Ontario’s shrinking mandatory accident benefits

    On July 1, 2026, Ontario made fundamental changes to the Statutory Accident Benefits (SABs) auto insurance framework, which previously provided no-fault financial protection for people injured in motor vehicle accidents. Coverage that drivers once received as part of their standard policies now depends on individual purchasing decisions. Although these changes give drivers greater flexibility in choosing their coverage, they also introduce financial risks that may not become apparent until an accident occurs.

  • October 23, 2026

    SCC explains how to determine ‘factual causation’ and ‘remoteness of damage’ in negligence cases

    Splintering over the results in a multi-defendant personal injury case, the Supreme Court of Canada has elaborated on the elements of “factual causation” and “remoteness” of damages and on the roles they play in analyzing negligence claims. On Oct. 23, a majority of the seven-judge bench dismissed the appeals of plaintiffs Sophia Hemmings, her litigation guardian and her family from a 2024 Ontario Court of Appeal medical negligence decision: Hemmings v. Padmore, 2026 SCC 34.

  • October 23, 2026

    NEGLIGENCE - Causation - Causal connection - Foreseeability and remoteness

    Appeal by Sophia and members of her family (the Hemmings) from dismissal of the actions against Padmore and Scarborough Hospital; appeal by Jamensky from dismissal of his appeal.