Personal Injury
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November 21, 2025
CIVIL PROCEDURE - Parties - Class or representative actions - Certification - Common interests and issues
Appeal by appellants from decision of the motion judge rejecting their motion for certification. The appellants alleged that for decades, many young players in major junior hockey leagues endured serious abuse.
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November 20, 2025
Ontario Superior Court rules delayed medical malpractice case can move forward
The Ontario Superior Court has ruled that a delayed medical malpractice lawsuit over the death of a patient can proceed, finding that plaintiffs had adequately explained procedural delays and that the case was ready to be set down for trial following mediation.
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November 20, 2025
Ontario Superior Court issues AI guidelines for civil, family cases
The Ontario Superior Court has published new artificial intelligence (AI) practice directions for both civil and family law proceedings.
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November 19, 2025
Manitoba Court of Appeal affirms rigorous approach to causation in medical malpractice: Tripp v. Ross
The Manitoba Court of Appeal’s recent decision in Tripp Estate v. Ross, 2025 MBCA 25 is a significant reaffirmation of the principles governing causation in medical malpractice cases, particularly where a defendant’s negligence has created uncertainty about the cause of a plaintiff’s injury or death.
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November 19, 2025
Self-defence for lawyers, part three
It’s Friday, shortly after 5 p.m. at a small, nondescript law office. You have gathered some court briefs to review at home over the weekend and lock the office door without a quick scan before proceeding through a darkened parking lot to your car. Your strong hand is pulling a wheeled file case, and the other is tasked with getting your car keys when suddenly, you hear someone screaming expletives.
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November 18, 2025
Ontario to hold impaired drivers accountable for child support if they kill a parent
The Government of Ontario is creating new measures that would “require impaired drivers to pay ongoing child support if they kill a child’s parent or guardian.”
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November 18, 2025
Court finds delayed treatment caused toddler’s quadruple amputation, awards $15M in damages
KB v. Guhle (KB v. Guhle, 2025 ABKB 472 and KB v. Guhle, 2025 ABKB 474) is a medical malpractice case involving an 11-month-old girl who required a quadruple amputation after she developed a bacterial infection in her lungs which led to sepsis. The action revolved around three physicians who treated KB and whether their care fell below the standard, and if so, whether those failures caused her injuries.
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November 18, 2025
Proposed reforms of civil procedure: Refreshing reboot or more of the same?
I was an articling student and had my work cut out for me. I worked on a client file to prove adverse possession for a right of way across a house that had existed since the 50s but was being enforced by a neighbour. I brought all the files I had researched myself — surveys of the land, blueprints rolled up, ancient texts, photos I took of the property, transcripts of examinations.
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November 17, 2025
Appeal court certifies class action on alleged illegal insurance deductible
The Newfoundland and Labrador Court of Appeal has allowed an appeal and certified a class action against Aviva General Insurance Company for applying an alleged illegal deductible related to travel for injury treatment.
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November 17, 2025
Decision reinforces test to use when looking at liability under Ontario municipal rules, lawyer says
A cyclist who suffered a life-altering spinal cord injury in a 2019 bicycling accident has had his lawsuit against the City of Hamilton revived by Ontario’s top court, which found a motion judge applied the wrong legal standard in dismissing the case under provincial legislation that allows municipalities to avoid liability for certain accidents.