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Negligence

Francis v Ontario: The ONCA Upholds Charter Breaches for Any Period in Administrative Segregation for Seriously Mentally Ill Inmates

In an unanimous decision, the Ontario Court of Appeal (“ONCA” or “the Court”) dismissed the Ontario government’s appeal against the $30 million solitary confinement class action. Francis v Ontario 2021 ONCA 197 [Francis] is a significant decision for two reasons. First, the ONCA upheld the motion judge’s finding that placing seriously mentally ill (“SMI”) inmates […]

ONCA Sees Right Through Negligence Claim (and Chicken Sandwiches) in Subway Franchise Systems of Canada Inc. v Canadian Broadcasting Corporation

Last Monday, the Ontario Court of Appeal (“ONCA”) released two decisions back-to-back involving the Canadian Broadcasting Company’s (CBC) controversial investigative report on the chicken content of chicken sandwiches manufactured by Subway Franchise Systems of Canada Inc. This post focuses on Subway Franchise Systems of Canada Inc. v Canadian Broadcasting Corporation 2021 ONCA 25 [Subway].  The […]

SCC to review standard of care and causation issues in medical negligence suits

UPDATE: The SCC ruled on this case from the bench, allowing the appeal for the reasons of Justice van Rensburg at the Ontario Court of Appeal. How does a patient who suffered an unforeseen injury during surgery prove that their surgeon was negligent? Can the injury itself provide circumstantial evidence that the standard of care […]

Another Loss for a Pure Economic Loss Claim in 1688782 Ontario Inc. v. Maple Leaf Foods Inc.

Since their inception in Winnipeg Condominium Corporation No. 36 v. Bird Construction Co., [1995] 1 SCR 85 [Winnipeg Condominium], negligence claims relying on pure economic loss arguments have seldom been successful. The recent case of 1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 SCC 35 [Maple Leaf Foods] was no exception. In a 5-4 split, the Supreme […]