Personal Injury
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November 15, 2024
SCC majority overturns acquittals in first judgment on human trafficking provisions enacted in 2005
In pronouncing for the first time on the Criminal Code’s human trafficking provisions that came into force in 2005, the Supreme Court of Canada has overturned 7-2 a Nova Scotia man’s acquittals, ruling that the trial court erred in determining that the accused’s violence against his ex-spouse was evidence of “past discreditable conduct” outside the allegations in the indictment and, therefore, did not go to proving the essential elements of the offences in s. 279.01(1) and 279.02(1) of the Code.
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November 15, 2024
AI in the courtroom: Canadian Judicial Council’s new guidelines
With the rapid advancement of artificial intelligence (AI) technology, Canadian courts are under increasing pressure to address its impact. While some view AI as a possible threat to the rule of law and democracy within Canada’s justice system, AI also holds promise for enhancing court operations, reducing workloads, supporting judicial functions and improving access to justice.
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November 14, 2024
Federal government faces proposed class action over abuse of Indigenous children at group homes
The federal government is set to face another proposed class action concerning its historic policy of removing Indigenous children from their communities and families so they could attend provincially- and territorially-run group homes.
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November 14, 2024
Prosecuting civil tort claims in context of family proceedings following Ahluwalia appeal
Since the Ontario Court of Appeal decision in Ahluwalia v. Ahluwalia 2023 ONCA 476, in which the creation of a new tort of family violence was rejected as unnecessary because existing torts are sufficient, there has been some uncertainty about how civil claims arising from intimate partner violence and abuse should be dealt with in the context of family law proceedings.
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November 13, 2024
National workplace health and safety organization launches online portal for businesses
The Hamilton, Ont.-based Canadian Centre for Occupational Health and Safety (CCOHS) has launched an online portal aimed at helping small and medium-sized businesses stay on the right side of workplace safety laws and regulations.
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November 12, 2024
B.C. Court of Appeal upholds $1.5M damages order in defamation dispute involving competing firms
The British Columbia Court of Appeal has dismissed an appeal in a case where a company was involved in a defamation campaign against a competitor and damages of $1.5 million were ordered. Counsel for the respondents Roger McConchie said it was “the most complex defamation case” he has ever handled.
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November 11, 2024
Study finds widespread racism targeting Black executives in federal public service
A majority of Black executives in the federal public service (FPS) have faced direct workplace harassment or intimidation, according to interviews of Black leaders conducted as part of a study commissioned by the Black Executive Network.
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November 11, 2024
Court certifies class action related to Vancouver fire that killed 2, displaced 70
The British Columbia Supreme Court has certified a class action arising from a 2022 fire at a hotel housing vulnerable residents in Vancouver’s Downtown Eastside for negligence and occupier’s liability claims.
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November 08, 2024
SCC elaborates on framework, scope for judicial review of regs and other subordinate legislation
The Supreme Court of Canada has ruled 9-0 that the Vavilov “reasonableness” standard for judicial review — informed by some of the Katz Group principles — presumptively applies when courts review whether subordinate legislation is authorized by law.
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November 08, 2024
Lerners welcomes 6 new associates in London
Recent news releases from Lerners LLP announced the addition of Greg Woodward, Kevin Wilbee, Emily Woods, Orion Boverhof, Megan Linaric and Daniele Sing as associates in the firm’s London offices.