Personal Injury
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July 21, 2025
Federal Court quashes thalidomide survivor support denial over lack of explanation, genetic testing
The Federal Court has set aside a denial of benefits under the Canadian Thalidomide Survivors Support Program (CTSSP), finding the decision lacked sufficient explanation and transparency given its significance to the applicant.
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July 18, 2025
Auto body repair fraud likely a nationwide problem
The famous quote “Something is rotten in the state of Denmark,” spoken by Marcellus in William Shakespeare’s play Hamlet, signifies a deeper problem, often a sense of corruption or something fundamentally wrong, beneath the surface of appearances.
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July 17, 2025
Wide-open-door policy ‘is not how we roll,’ Federal Court of Appeal judge tells would-be interveners
The Federal Court of Appeal’s senior puisne judge says those applying to intervene at the national intermediate appellate court should ask themselves whether their presence “will advance our work.”
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July 16, 2025
Prepare for change: The plain language legal writing standard is coming
What lawyer has not heard that legal writing should be clear and concise? Everyone wants legal documents to be straightforward, client-oriented and “crisp.” Yet, cryptic memoranda, wordy submissions, legalese-filled judgments and insurmountable walls of text in contracts and policies remain common. Even with clarity in mind, writing clearly is hard without knowing the rules to guide the process.
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July 15, 2025
N.S. requires hurt workers, employers to ‘work together’ in return to job
Nova Scotia now requires that injured workers and their employers cooperate in planning a return to work. According to a July 15 news release, new “return-to-work” legislation is now in effect, requiring “workers injured on the job and their employers to work together for a timely and safe return to work.”
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July 15, 2025
PROCEEDINGS - Deference to expertise of decision maker - Jurisdiction to review
Appeal by appellants against a court order regarding the damages awarded to respondent from motor vehicle accidents. The respondent, a former senior constituency assistant with a history in real estate investing and other employment in election campaigns, was injured in two accidents.
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July 14, 2025
Federal Court judge strikes SRL’s submission in employment dispute over AI hallucination citation
In another sign of AI’s growing impact on the law, the Federal Court has ordered that a self-represented respondent’s motion record be removed from a court file because it relied in part on a non-existent court decision hallucinated by an artificial intelligence (AI) research tool.
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July 14, 2025
Self-funded LTD plans cause conflict of interest and leave workers vulnerable
Insurers serving as both claim adjudicator and benefit payer creates an inherent conflict of interest that must be addressed by the Ontario government.
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July 11, 2025
Court finds conflict of interest for corporate class in COVID-19 business losses class action
In a class action related to losses that businesses suffered due to COVID-19 health orders, the Alberta Court of King’s Bench has adjourned an application to certify an additional corporate class, finding conflict of interest relating to the plaintiffs’ pleadings and within the proposed class itself.
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July 10, 2025
‘External monitor’ sees progress & challenges in military’s handling of its sexual misconduct crisis
Ottawa has renewed its pledge to abolish, for the most part, the military justice system’s jurisdiction over sexual offence investigations and prosecutions involving military members. Meanwhile, the military has not delivered on the government’s aim to transfer most existing military sexual offence cases to Canada’s civilian courts — explaining that complainants and provincial authorities have not agreed to the transfers, according to a new report released by the Department of National Defence (DND).