Personal Injury
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June 05, 2024
Dog bites and bylaws: Is a municipality responsible for a dog bite injury?
The CBC recently featured an article about Dominique Alain, a Quebec woman who suffered a horrific attack by three dogs, leaving her severely injured. In that case, the town (in addition to the dogs’ owner) was found responsible for the attack. Alain’s lawyer told CBC that while the case did not necessarily set a precedent to hold municipalities responsible for every dog attack, it showed towns must act if they are aware of a dangerous situation.
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June 04, 2024
First Nation sues Canada and Ontario over decades-long mercury contamination
The Grassy Narrows First Nation has filed a lawsuit against Ontario and Canada, alleging that the Crown breached its obligations to the First Nation by failing to protect their right to fish in a river that has been contaminated with mercury for decades.
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June 04, 2024
Canada to provide automatic permanent residence to foreign nationals arriving under caregiver programs
Ottawa says it will roll out two new pilot programs later this month that will offer home-care workers from abroad permanent residence on their arrival in Canada.
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June 04, 2024
Federal Court: $1.9B class action settlement in best interest of Indigenous boarding home survivors
The Federal Court has set out reasons approving an agreement to settle claims brought by Indigenous students who were removed from their communities and placed in boarding homes, with payments to class members estimated at $1.9 billion. The court released an order approving the agreement in December 2023 with reasons to follow.
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June 04, 2024
Cellphones in Ontario schools: Social media dangers | Marvin Zuker
Policy Program Memorandum 128 (PPM 128) references PPM145 and Progressive discipline, i.e. go to the principal’s office, who may scold you or suspend you, and I say so what?
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June 03, 2024
SCC’s Wagner urges vigilance, strong defence against false information, justice system attacks
Canada’s top judge says elected officials should not attack the justice system or the judiciary, based on false information that could shake public confidence.
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June 03, 2024
No need for new law of tort to deal with challenges posed by artificial intelligence: law institute
The use of artificial intelligence (AI) has become almost ubiquitous around the world in the past few years, with a concurrent fear of what effect new technology is going to have on people’s jobs. But a law reform institute in British Columbia is also saying more focus needs to be put on what effect AI has on the legal liability of increasingly capable autonomous machines.
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June 03, 2024
Cellphones in Ontario schools: Revenge porn and curriculum | Marvin Zuker
This must be a mandatory part of a high school curriculum, if not earlier, that teaches about mental health, a student’s right to privacy, the 2014 criminalization of the non-consensual distribution of intimate images as set out in s. 162.1 of the Criminal Code as well as a discussion of the common law tort of public disclosure of private facts, perhaps more significant in Ontario, which does not yet provide for a statutory breach of this privacy tort (See: Jones v. Tsige, 2012 ONCA 32, Jane Doe 464533 v. N.D., [2016] O.J. No. 382, and Jane Doe 72511 v. N.M., [2018] O.J. No. 5741).
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May 31, 2024
SCC gives guidance on interpreting exclusion clauses, applying standards of appellate review
The Supreme Court of Canada has clarified what is required for an exclusion clause in a contract of sale to exempt the seller from an implied condition under Ontario’s Sale of Goods Act (SGA) and has also clarified what standards of appellate review apply when trial courts interpret contracts involving implied statutory conditions.
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May 31, 2024
True confessions; cheesy games | Marcel Strigberger
This is a good time to talk about churches and cheddar. Actually, this story is more about a priest biting a woman. But there is a cheese part, to which I shall get shortly.