Personal Injury
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June 24, 2024
British Columbia first province to launch class action targeting makers of ‘forever chemicals’
The government of British Columbia has launched what it is hailing as the first class action lawsuit by a Canadian province against manufacturers of so-called forever chemicals, alleging they knew the products would contaminate the environment indefinitely and jeopardize human health.
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June 21, 2024
Public school boards are bound by Charter; tribunals’ Charter rulings reviewed for correctness: SCC
In an important Charter and standard of review case, the Supreme Court of Canada has ruled that labour arbitrators and other administrative tribunals “should play a primary role” in deciding Charter issues within their bailiwicks — which Charter determinations courts should review on a “correctness” rather than “reasonableness” standard — and that the Charter applies to Ontario public school boards, thereby protecting board employees’ reasonable expectations of privacy in their workplaces and shielding employees from unreasonable search or seizure by their employers.
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June 20, 2024
Airline held liable for negligent risk assessment before flying through conflict zone
On June 10, 2024, following an 18-day trial in Toronto, Justice Jasmine Akbarali of the Ontario Superior Court of Justice found that Ukraine International Airlines (UIA) failed to prove that it was “not negligent” in allowing flight PS752 to depart Tehran on Jan. 8, 2020.
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June 21, 2024
National Indigenous Peoples Day: ‘For some reason, I don’t feel lucky’ | Tony Stevenson
Today has been declared National Indigenous Peoples Day. We recognize and celebrate the history, heritage, resilience and diversity of First Nations, Inuit and Métis across Canada. Every year, numerous activities are organized across the country on June 21 to showcase the richness and diversity of First Nations, Inuit and Métis cultural expressions and stories. This holiday was given to my people in 1996 by the then-governor general Romeo Leblanc.
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June 20, 2024
Ottawa lists Iran’s Islamic Revolutionary Guard Corps as a terrorist entity in Criminal Code
The Government of Canada listed the Islamic Revolutionary Guard Corps (IRGC) of Iran as a terrorist entity under the Criminal Code, effective June 19, 2024.
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June 19, 2024
Feds release draft vaping taxation framework, legislative review results
The federal Department of Finance has released draft regulations that would enable Alberta, Manitoba, New Brunswick, Yukon and Prince Edward Island to participate in a co-ordinated vaping taxation framework that calls for a 12 per cent increase to vaping excise duties, announced in Budget 2024. As well, it announced its findings from the Tobacco and Vaping Products Act legislative review.
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June 18, 2024
Proposed changes to Health Canada’s pesticide regulations aimed at improved transparency
As the spring growing season hits full bloom, the federal government has announced proposed amendments to the Pest Control Products Regulations (PCPR), marking what one toxicology expert says is a welcome step away from the opaque regulatory process that Canada has traditionally followed.
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June 18, 2024
Ontario Superior Court expands class action over defective water pumps in Ford vehicles
A class action concerning allegations that various models of Ford vehicles contain a dangerous water pump defect that can cause catastrophic engine failure has been expanded to include persons affected by the water pump failures until May 30, 2024, according to a release.
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June 14, 2024
Law requires Ottawa to roll out national strategy to combat ‘environmental racism’ within two years
Calling it “a significant milestone in the fight for environmental justice,” the federal Green party hailed the imminent enactment of its “groundbreaking” private member’s bill that requires Ottawa to roll out within two years a “national strategy” to mitigate the harmful fallout from “environmental racism” — which the party said disproportionately exposes marginalized, racialized and Indigenous communities to environmental hazards.
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June 13, 2024
HEALTH-CARE PROFESSIONALS — Liability (malpractice) — Negligence — Causation — Duty of care
Appeal by appellants from trial judgment against them for equal share of respondents' agreed damages of $12 million. They argued that the trial judge erred in his findings of factual and legal causation regarding Doctor Padmore and Scarborough Hospital’s ("Hospital") pre-delivery acts and omissions. The respondent suffered cardiac arrest on the operating table during a cesarean section (“C-section”) at the Hospital.