Searching Content indexed under Personal Injury by Gowling WLG ordered by Published Date Descending.
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The Line Separating Acceptable Investigations From Intrusive Investigations
In the recent decision of Williams v. Sekhon 2019 BCSC 1511 the B.C. Supreme Court examined the line between an acceptable investigation of a personal injury...
2 Oct 2019
Skiers Beware: Limitations Of Liability On Lift Ticket Upheld
a recent decision, the British Columbia Supreme Court dismissed a claim brought against a ski resort by a guest who suffered catastrophic bodily injuries
United States
2 Jul 2019
Sports And Recreation: Risk Mitigation And Occupiers' Liability
A softball player trips over a divot on the ground. A child's hand gets caught in a rope during a tug-of-war game. A dumbbell rolls across a gym floor and hits someone's foot.
6 Jun 2019
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").
17 Jul 2017
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...
20 Jun 2017
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..."
18 Oct 2016
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.
12 Aug 2016
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
3 Jun 2016
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.
3 Feb 2016
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.
22 Dec 2015
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.
25 Aug 2015
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.
28 May 2015
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...
28 May 2015
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.
27 May 2015
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.
17 Feb 2015
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.
2 Feb 2015
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.
12 Jun 2014
Ontario Court Shatters Defendants’ 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.
28 Feb 2014
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.
25 Jan 2013
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.
24 Jul 2012
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