Personal Injury
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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.
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June 17, 2025
CBA backs constitutional amendment to constrain federal use of Charter’s ‘notwithstanding’ clause
In a rare move, the Canadian Bar Association (CBA) has thrown its support behind a Senate public bill (S-218), which proposes a constitutional amendment to restrict and structure the discretion of the federal government to breach Charter rights via the contentious s. 33 “notwithstanding” clause.
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June 16, 2025
Insurance Bureau says unchecked increase in litigation funding could drive up insurance costs
The Insurance Bureau of Canada (IBC) is calling for restrictions on litigation funding on the basis that it is being used as an investment tool that uses the court system to generate profits for large financial firms.
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June 16, 2025
Ontario judge allows health services board to intervene in private clinic's $290K repayment appeal
The Ontario Superior Court of Justice has allowed the Health Services Appeal and Review Board to intervene in an appeal of its own decision requiring a private health facility to repay more than $290,000 to the Ministry of Health.
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June 13, 2025
SCC rules admissibility of Crown-led ‘sexual inactivity’ evidence must be decided in a voir dire
Holding 9-0 that evidence of a complainant’s “sexual inactivity” forms part of their “sexual history” — and is therefore presumptively inadmissible at trial — the Supreme Court of Canada has also clarified that the common law screening procedure for Crown‑led sexual history evidence “should mirror” the s. 276 Criminal Code regime that applies in a voir dire for defence-led sexual history evidence.