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Searching Content indexed under Personal Injury by CLC (Canadian Litigation Counsel) ordered by Published Date Descending.
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New Guidance In Establishing A Successful Reasonable Use Of Force Defence
On May 13, 2019, the Alberta Court of Queen's Bench released its decision in Day v Woodburn.
Canada
31 Jul 2019
2
Car Surfing Is An Ordinary And Well-Known Activity
In a recent case from the Ontario Superior Court of Justice from September 25, 2018, the Court held that "car surfing" is an ordinary and well-known activity of a vehicle such that statutory accident benefits coverage was afford for a resulting injury.
Canada
16 May 2019
3
Alberta Court Of Appeal Articulates New Test For Imposing Limits On Medical Examinations
The Alberta Court of Appeal released a decision on March 15, 2019, that will be influential in the personal injury area of practice.
Canada
22 Apr 2019
4
Throwing Eggs From A Car Is An Ordinary And Well-Known Activity
In a recent case from the Ontario Supreme Court from March 22, 2019, the Court held that throwing eggs from a moving vehicle was an ordinary and well-known activity of automobiles...
Canada
22 Apr 2019
5
McIver SCC Leave Paper
The Court declined to hear the Plaintiff's Appeal, upholding the findings of the Alberta Court of Appeal.
Canada
 
27 Feb 2019
6
An Earthquake In The World Of Personal Injury
The Supreme Court of Canada released its decision in the application for leave to appeal by the Plaintiff in the matter of McIver v McIntyre.
Canada
18 Feb 2019
7
Mary Shuttleworth v Licence Appeal Tribunal, 2018 ONSC 3790
In a recent decision, Mary Shuttleworth v Licence Appeal Tribunal, 2018 ONSC 3790, the Ontario Divisional Court confirmed that when a tribunal makes a decision, it must guard against creating a reasonable apprehension of a lack of independence of the decision makers.
Canada
16 Jul 2018
8
British Columbia: What is Reasonable in the Context of the Mitigation Argument?
The Supreme Court of Canada has held that once a plaintiff has established damages, the onus shifts to the defendant to establish any culpable failure to mitigate. The
Canada
1 Jun 2018
9
Summary Dismissal Granted: Sand Applied Moments Before Slip And Fall On Snow
In an unreported decision, Hannam et al v. Medicine Hat School Division No. 76, Master Robertson dismissed a claim from the bench after hearing oral arguments.
Canada
18 Apr 2018
10
Summary Dismissal Unsuccessful When Respondent Has Expert Evidence
In Bundschuh v. MacDonald Development Corporation, 2018 ABQB 188, Master Mason dismissed a summary dismissal application brought by one of the defendants because the plaintiffs served a Standard of Care Report raising a triable issue.
Canada
20 Mar 2018
11
Mountain Bike Parks: Best Practices to Prevent Liability
Who is to blame after a plaintiff is disabled from an accident at a mountain bike park? Two recent cases when analyzed together provide the best practices an occupier can follow to avoid liability.
Canada
6 Feb 2018
12
SCC Lowers Standard For Proving Mental Injuries
In Saadati v. Moorhead, 2017 SCC 28, the Supreme Court of Canada recently lowered the standard of proof for a mental injury.
Canada
25 Aug 2017
13
Home Depot Not Liable for Slip and Fall in Parking Lot
In Alberta, occupiers owe a duty to maintain a reasonable system of maintenance and inspection to keep their premises reasonably safe for lawful visitors.
Canada
22 Mar 2017
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