Personal Injury
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June 25, 2025
B.C. Court of Appeal upholds trial judge’s findings on liability, causation and damages
The case of Dynamic Air Solutions Ltd. v. Yu, 2025 BCCA 91 arose from a motorcycle accident in which the plaintiff, Yi Hao Yu, collided with the open door of a truck parked in the curb lane. The trial judge found both Yu and the truck driver, Chan Wai Chan, equally at fault and awarded Yu $413,000 in damages, split fifty-fifty. Both parties appealed the apportionment of liability.
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June 24, 2025
Ontario court rejects hospital liability in abuse case
Ontario’s top court has turned back a lawsuit from a man claiming a hospital was liable for historic sexual abuse he suffered at the hands of a doctor who ran an alternative education program on its grounds.
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June 24, 2025
Nova Scotia court confirms ‘some basis in fact’ standard for class action certification evidence
The evidentiary burden to certify a class action remains low, but the “some basis in fact” standard must still be satisfied through admissible evidence, the Nova Scotia Supreme Court has confirmed.
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June 24, 2025
N.S. court denies leave to appeal certification of class action related to COVID-19 deaths
The Nova Scotia Court of Appeal has denied a care home’s leave to appeal for an interlocutory certification order of a class action. The home argued that the judge incorrectly applied the test to certify common issues in a case where over 50 residents died at its facility due to COVID-19 exposure.
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June 24, 2025
Ontario court certifies negligence class action against Smith & Wesson over Danforth shooting
The Ontario Court of Appeal has certified a class action against Smith & Wesson over allegations that the gun manufacturer was negligent in failing to implement technology to prevent unauthorized use of the gun used in a 2018 mass shooting in Toronto.
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June 24, 2025
Have your voice heard: Take Law360 Canada’s 2025 survey on lawyer satisfaction
Law360 Canada is seeking participants for an anonymous survey on career and life satisfaction in the legal profession. Take the survey in English or French.
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June 16, 2025
SCC clarifies how to determine child’s ‘habitual residence’ in non-Hague Convention custody disputes
In upholding an Ontario Superior Court’s assumption of jurisdiction over an international custody dispute, the Supreme Court of Canada has given guidance on how courts should determine the habitual residence of children allegedly wrongly taken or withheld by a parent from a foreign jurisdiction that has not signed onto the Convention on the Civil Aspects of International Child Abduction (Hague Convention).
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June 20, 2025
OBA awards gala celebrates service to the legal profession and community at large
Toronto lawyer Angela Ogang had a good excuse not to attend the Ontario Bar Association’s annual awards gala June 19: She’d given birth to her baby the night before.
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June 20, 2025
Selling faux antiques to Versailles? A case of caveat emperor
“Things are seldom as they seem. Skim milk masquerades as cream.” — Buttercup, in Gilbert and Sullivan’s H.M.S. Pinafore. Which gets me to Bill Pallot. Vanity Fair called him “the world’s leading expert on the works of 18th-century France.” However, Paris Match recently branded him as “the Bernie Madoff of art.”
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June 19, 2025
FCA sets aside decision that declared Ottawa must fill judicial vacancies ‘within a reasonable time’
A novel Federal Court action that tried to compel Ottawa to fix its chronic tardiness in filling superior court vacancies has been dismissed for lack of jurisdiction by the Federal Court of Appeal; however, the law firm that launched the case to help its clients and other litigants says its efforts were not in vain.