McLeish launches $12M lawsuit in lamp fire fatality

The family of a 55-year-old mother of two who died after suffering burns to most of her body has launched a $12-million negligence lawsuit against the manufacturer of an ethanol-fuelled lamp, says their counsel, Toronto critical injury lawyer John McLeish. “It is the hope of the family of Dr. Judith Buys that this lawsuit will draw […]

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Canadian Bar Association adopts new class-action protocol

A new protocol for the case management of multi-jurisdictional class actions, adopted by the Canadian Bar Association (CBA), will likely lead to less overlap and fewer conflicting decisions from province to province, Toronto class-action lawyer Margaret Waddell tells Law Times. “Rather than the judges working blind in each jurisdiction without really knowing what’s going on in other jurisdictions,

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New laws are required in the surveillance age

New technologies have made it easier than ever to capture a collision in real-time, however, given the sheer volume of digital evidence new practices and laws are required, Toronto critical injury lawyer Patrick Brown writes in The Lawyer’s Daily. “Chances are, if an incident wasn’t caught on an iPhone, iPad, tablet, dashcam, GoPro or camera, the local traffic,

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Expect social media surveillance in personal injury cases

Private investigators and social media mining are common tactics used by insurance companies to bring the severity or existence of a plaintiff’s injuries into question, says Ontario personal injury lawyer Dale Orlando. “Surveillance is a fact of life,” says Orlando, a principal partner with McLeish Orlando LLP. “What I say to my clients generally is that surveillance

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Mass termination sparks unique class action suit

A class-action lawsuit launched by workers against their former employer breaks new ground on the issue of mass terminations, says Toronto employment lawyer Stephen Moreau. “It’s extremely unusual,” says Moreau, who represents 76 factory workers let go in 2015 when U.S.-based CTS Corp. shut the doors of its Mississauga, Ont. manufacturing plant. He says that

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Liability decision a warning to businesses fronting sidewalks

Businesses that open onto city sidewalks should reassess their risk levels after Starbucks was found liable for a woman’s injuries in a fall, says Toronto insurance defence lawyer Heather Vaughan. In its recent decision, the Court of Appeal for Ontario upheld a lower court ruling that found the coffee chain responsible under Ontario’s Occupiers’ Liability

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Court of appeal ruling settles third-party funding issue

A recent Ontario Court of Appeal (OCA) decision settled the issue of whether a judge’s order on a third-party funding agreement is final or interlocutory, says Toronto class-action lawyer Margaret Waddell. “We now have clarity in an area where previously there was no jurisprudence on this particular point, and direction from the court on how to

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Checks needed to ensure impartiality of civil juries

If civil juries are to continue in this age, there must be checks and balances surrounding bias and impartiality, Toronto critical injury lawyer Patrick Brown writes in The Lawyer’s Daily. “What happens at the end of a jury case would not matter so much if we ensured that jurors were screened for bias at the beginning. Unfortunately, in

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Three court rulings provide insight into competing class actions

Three recent decisions — one each from Quebec, Saskatchewan and Ontario — provide guidance about when one court may defer to another in competing class proceedings, Toronto class-action lawyer Margaret Waddell writes in The Lawyer’s Daily. “The predominant concern expressed in each case is that the interests of the class members resident in one province will be adequately

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High-tech world poses a challenge when it comes to civil juries

One of the difficulties with civil trial juries is that it is too costly to ensure jurors are impartial and not accessing information via the internet outside the courtroom, Toronto critical injury lawyer Patrick Brown writes in The Lawyer’s Daily. “With the technical revolution, jurors have the ability to look at any information they like. A few hits

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