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Searching Content indexed under Personal Injury by Gowling WLG ordered by Published Date Descending.
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Sports Enthusiasts: Beware Of What You Sign
In Jamieson, the plaintiff bought a season's pass for the mountain biking park (the "Park") owned and operated by Whistler Mountain Resort Limited Partnership ("Whistler").
Canada
17 Jul 2017
2
Saadati V. Moorhead: The Repudiation Of A Dubious Perception Of Mental Illness
A unanimous decision of the Supreme Court released on June 2, 2017, filled a void in tort law when the Court stated that proof of a recognized psychiatric injury is no longer a precondition for...
Canada
20 Jun 2017
3
Alton Towers & Network Rail: Did September Represent A Step-Change In Fines For Very Large Organisations?
With effect from 1 February 2016, every court sentencing a health and safety conviction, must follow the Sentencing Council's Definitive "Guideline for Health and Safety Offences..."
UK
18 Oct 2016
4
I Get High With A Little Help From My Friends
Justice Gerow included an award of $5,000 for the cost to the plaintiff for her future use of various drugs, including medical marijuana.
Canada
12 Aug 2016
5
Linked Organisations - How Vulnerable Are They When It Comes To Sentencing For Health And Safety Offences?
The Sentencing Council's Definitive Guideline was published in November 2015 and since 1 February 2016 must be applied to cases sentenced for health and safety, corporate manslaughter, and food safety and hygiene offences
UK
3 Jun 2016
6
Not So Fast: Simply Issuing A New Claim, Rather Than Amending An Existing Claim To Add A New Defendant, May Be An Abuse Of Process
On December 8, 2012, the plaintiff was involved in a serious motor vehicle accident on Valley Farm Road in the City of Pickering, Ontario.
Canada
3 Feb 2016
7
Waiver, Eh? The Importance Of Signed Waivers When Managing And Implementing Activity-Based Promotions
For those who are managing and implementing activity-based promotions, requiring participants to sign waivers or releases in order to manage the risks inherent in the activities is important.
Canada
22 Dec 2015
8
Farhat V. Monteanu: Inviting Inconsistency In Limitations Periods Applicable To Motor Vehicle Claims?
In the Farhat case the plaintiff was injured when his vehicle was rear-ended by the defendant's vehicle on May 18, 2006.
Canada
25 Aug 2015
9
Ontario Court Of Appeal Revisits "Reasonable Excuse" In Municipal Notice Period Cases
In the recent case of City of Toronto ats Seif, the plaintiff successfully appealed an Order granting summary judgment to the City of Toronto in a trip and fall action.
Canada
28 May 2015
10
New Limitation Dates Approaching
A new Limitation Act came into force in British Columbia on June 1, 2013, which imposes a general two year limitation period on most claims...
Canada
28 May 2015
11
Ormiston v. ICBC: Yet Another Case For Recognizing Paved Shoulders As Lanes Of Travel For Cyclists?
In the recent case of Ormiston v. Insurance Corp. of British Columbia, the British Columbia Court of Appeal held that a cyclist who was injured while attempting to pass a motor vehicle on the right could not recover damages from the driver.
Canada
27 May 2015
12
Ambiguity Is As Ambiguity Does: Another Cautionary Tale From A Canadian Appellate Court On The Importance Of Clear Drafting
This case provides a helpful re-articulation of the principles of contractual interpretation in the context of insurance policies.
Canada
17 Feb 2015
13
Corporate Directors Jailed For Health And Safety Violations After Death Of Worker
An Ontario court has ordered two corporate directors to serve 25 days in jail for failing to take reasonable care to ensure that their company complied with the Ontario Occupational Health and Safety Act and regulations.
Canada
2 Feb 2015
14
Never Underestimate The Importance Of Clear Instructions
Sietzema v. Economical Insurance confirmed the importance of insurers providing clear limitation periods, and an unambiguous notice of refusal to pay a benefit.
Canada
12 Jun 2014
15
Ontario Court Shatters Defendantsí Spoliation Arguments In Product(Less) Liability Claim
When broken, defective, or dangerous consumer products are thrown out with the trash, potentially important evidence for future litigation is tossed away with it.
Canada
28 Feb 2014
16
Victim Of Vicious Assault Not Entitled To Accident Benefits Or Liability Coverages aka "My Right Foot"
A recent decision of the Ontario Court of Appeal addressed the extent to which the plaintiff was entitled to statutory accident benefits and other liability coverages from his automobile insurer.
Canada
25 Jan 2013
17
UPDATE: Large Fines Imposed In Metron Construction OHS Criminal Negligence Case. Reasons For Judgment Released
On Friday, July 13, 2012, fines were imposed on Metron Construction and its President, Joel Swartz following guilty pleas by both parties earlier in June.
Canada
24 Jul 2012
18
On-Risk E-Bulletin @ Gowlings - July 13, 2012 - Volume 10, Number 3
When seeking to recover damages in connection with harm resulting from anotherís negligence, an injured party must establish on a balance of probabilities that the tortfeasor caused the injury in question.
Canada
 
17 Jul 2012
19
The Supreme Court Takes Another Stab At The Application Of The "Material Contribution" Test: Clements v. Clements And The Law Of Proof Of Causation In Negligence
When seeking to recover damages in connection with harm resulting from anotherís negligence, an injured party must establish on a balance of probabilities that the tortfeasor caused the injury in question.
Canada
17 Jul 2012
20
Heightened Standard Of Care In The Presence Of Children Not Limited To Schools, Playground And Suburban Neighbourhoods
In Annapolis County District School Board v Marshall, the Supreme Court of Canada confirmed that a heightened standard of care applies to drivers who operate their vehicles where children are likely to be present.
Canada
17 Jul 2012
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