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Top Stories

25 imported articles

NS court affirms stay of duplicative fatal injury claims arising from collision that killed three
Canadian Lawyer ·

Nova Scotia Court of Appeal confirms chosen representative counsel but defers legal fee issue In proceedings involving a collision that took three lives, the Nova Scotia Court of Appeal upheld a judge’s stay of duplicative fatal injury actions based on his interpretation of the province’s Fatal Inj...

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Player gets hit in the eye with a baseball but sports injury waiver claim fails
Canadian Lawyer ·

Ontario court dismissed claim on volenti, ruling that even a defective sports injury waiver can support a voluntary assumption of risk defence A slo-pitch player struck in the eye by a baseball had one clear argument: the sports injury waiver he signed did not cover league games. It failed. His per...

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Consent and Capacity Board Ontario: what it is and why it matters
Canadian Lawyer ·

See how Ontario’s Consent and Capacity Board finding affects instructions, the substitute decision-maker, and causation Not every plaintiff who walks into a personal injury lawyer’s office walk out with the same legal standing they came in with. For some clients, a serious injury does not just chan...

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Implied consent: a defence that's part of the game
Canadian Lawyer ·

See how implied consent to risk operates as a complete or partial defence in Canadian sports and recreational injury law Every time a player steps onto the ice, laces up their boots, or signs up for a weekend league, they are agreeing to something, even if they never said a word. In Canadian sports...

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International Criminal Court’s chief prosecutor pushed out over misconduct claims
Canadian Lawyer ·

Nazhat Shameen Khan and Mame Mandiaye Niang will remain the leaders of the prosecutor’s office Following a closed-door vote by the Assembly of States Parties, International Criminal Court member states have removed chief prosecutor Karim Khan from his post in light of sexual misconduct claims. Kha...

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Toy company takes Trump back to court over new tariffs
Canadian Lawyer ·

Spice company Burlap and Barrel and watch retailer Collective Horology filed a suit as well Illinois-based educational toy company Learning Resources is once again returning to court over new tariffs imposed by US president Donald Trump, reported The Associated Press. On Friday July 24, the toy co...

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Sugden, McFee & Roos partner Michael Shirreff joins BC Supreme Court as associate judge
Canadian Lawyer ·

He has tackled civil, commercial, and regulatory litigation for over two decades Sugden, McFee & Roos LLP partner Michael Shirreff has been appointed to the Supreme Court of British Columbia as an associate judge beginning July 23. Shirreff has been assigned to Vancouver but will handle matters in...

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The value of seeking mentors from outside the legal profession
Canadian Lawyer ·

Build relationships across your organization, with both lawyers and non-lawyers alike Years ago, I participated in a mentorship program in Ontario developed specifically for in-house counsel, and I was paired with a senior in-house executive who shared a lot of thoughtful advice on building meaning...

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SCC clarifies meaning of ‘accessory’ under Quebec property sale law in split decision
Canadian Lawyer ·

The high court granted ownership to a submerged strip of land to riparian lot owners For the purpose of interpreting a Civil Code of Quebec rule on a seller’s obligations when they sell a property, an “accessory” is a piece of property that is both “destined” to serve the primary sold property and...

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Focus on intellectual property
Canadian Lawyer ·

Every month, Canadian Lawyer will produce a series of articles on a theme affecting the legal profession. All coverage through the month can be found here Lawyers say overly relying on AI for software design and creative work risks losing protection under Canadian law   However, the court ruled th...

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BC Supreme Court finds insurance brokerage wrongfully dismissed employee who was stalked for years
Canadian Lawyer ·

Judge awards damages of $116K to employee with PTSD after being harassed The British Columbia Supreme Court ruled that an insurance brokerage company wrongfully terminated an insurance producer who developed post-traumatic stress disorder (PTSD) and major depressive disorder after a representative...

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Northwest Territories adds civil tort of stalking, widens access to emergency protection orders
Canadian Lawyer ·

The Northwest Territories (NT) government has announced that amendments to the Protection Against Family Violence Act – including the introduction of a civil tort of stalking and the expansion of access to emergency protection orders (EPOs) – have come into force.  “These changes to the Protection...

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Bergeron Clifford's Warren WhiteKnight on compassion without false promises
Canadian Lawyer ·

Partners, not passengers: firm's approach turns injured clients into informed team members 00:00 A line I often use with clients in in meetings is that even though I love you, I'm not a cheerleader. Fighting lawsuits  00:07 is messy. It's not a tea party. No one who comes to us is having a good ti...

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Federal Court grants ‘solicitor’s eyes only’ order in fashion brand trademark infringement suit
Canadian Lawyer ·

Order covers confidential commercial data In a proceeding alleging trademark infringement against Aritzia Inc. and Aritzia LP, the Federal Court issued a “solicitor’s eyes only” (SEO) order over product-level confidential information dubbed Aritzia’s “special sauce” by the company’s senior vice pre...

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BC Court of Appeal clarifies misconduct bar in jury discharge ruling
Canadian Lawyer ·

Ruling finds defence counsel's prejudicial closing submissions amount to misconduct under BC civil rules The British Columbia Court of Appeal has overturned a mistrial declaration in a personal injury case, ruling that a trial judge erred by applying an additional wrongdoing test before deciding wh...

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Author Salman Rushdie details onstage stabbing incident in New York federal court testimony
Canadian Lawyer ·

Hadi Matar, who was convicted for his role in the incident, had pleaded not guilty to charges Author Salman Rushdie shared the details of an attempt to murder him onstage four years ago to a jury in Buffalo federal court, reported The Associated Press. Rushdie spoke at the terrorism trial of Hadi...

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Vexatious litigant orders: what courts require and its effects
Canadian Lawyer ·

Learn more about what it takes to get a vexatious litigant order and what this designation means for personal injury claims A vexatious litigant is not simply someone who loses and tries again. Under the law, they’re those who file proceedings without a legitimate basis, often to wear down the oppo...

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Federal finance department opens draft tax system changes to public feedback
Canadian Lawyer ·

The proposal includes disability tax credit, tax statute reforms The Department of Finance has presented for public consultation legislative proposals for tax measures and technical tax system reforms. The federal government said the draft amendments are intended to clarify and enhance tax rules,...

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Clio launches legal research tool after Jurisage acquisition, prepares launch of accounting platform
Canadian Lawyer ·

Clio’s GM Canada tells Canadian Lawyer the company will launch an accounting tool before the year’s end Roughly a month after Clio announced its acquisition of Jurisage, the legal tech and data company that operated a significant database of Canadian case law, the Burnaby, British Columbia-based le...

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Labour lawyer Andrew Mercier appointed BC Premier David Eby’s chief of staff
Canadian Lawyer ·

Mercier was legal counsel for Teamsters Local Union No. 213 before his election as Langley MLA The British Columbia government has announced the appointment of Andrew Mercier – a labour lawyer and a former member of the Legislative Assembly for Langley – as the new chief of staff of BC Premier Davi...

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Ont. CA finds judge wrongly limited analysis to whether real estate agent actively misled clients
Canadian Lawyer ·

Court orders new trial for broader decision on realtor’s alleged negligence In proceedings arising from a failed real estate transaction, the Ontario Court of Appeal ordered a new trial before another judge to determine whether a real estate agent had breached the standard of care by contributing t...

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SickKids doctor suspended following charges involving child sexual abuse and exploitation material
Canadian Lawyer ·

Toronto police executed warrants at a home and hospital, seized computer and other devices A now-suspended doctor at the Hospital For Sick Children (SickKids) in Toronto faces charges of possessing and accessing child sexual abuse and exploitation material from Jan. 19–28 under ss. 163.1(4) and 163...

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New UK prime minister Andy Burnham replaces David Lammy with non-lawyer in lord chancellor post
Canadian Lawyer ·

Burnham elevated Ellie Reeves to attorney general and named new solicitor general Andy Burnham marked his first day as UK prime minister with the removal of lord chancellor David Lammy from his post, reported the Law Society Gazette. Burnham installed non-lawyer Alex Norris as Lammy’s replacement...

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Contributory negligence: the fault lines in personal injury law
Canadian Lawyer ·

Here’s how contributory negligence affects fault apportionment and the final damages award in personal injury cases across Canada When an accident happens, the fault lines are not always where you expect. In Canadian personal injury law, contributory negligence recognises that an injured person can...

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Broader remedies, no caps on damages: Why the Tumbler Ridge lawsuits are being fought in California
Canadian Lawyer ·

Rice Parsons Leoni & Elliott LLP partner John Rice breaks down the limits of remedies available in BC In March, one month after a teenager in Tumbler Ridge, British Columbia shot and killed eight people at her home and former high school before fatally shooting herself, one of the many surviving st...

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