Last year, TheCourt.ca posted an article discussing the fatal impaired driving incident that resulted in the death of all three of Jennifer and Edward Neville-Lake’s children. Daniel, Harrison and Milly were all under the age of ten. Jennifer’s father Gary—the children’s grandfather—was also killed in the crash. The sole survivors were their grandmother and great-grandmother, […]
Roth Estate v Juschka, 2016 ONCA 92 [Roth] is a case where the circumstances under which advice was given to family members in the context of a share purchase did not purport to necessitate the provision of independent legal advice (“ILA”). The underlying transaction was a gift from Mr. Roth and his wife (the “Roths”) […]
The internet has made our life efficient and easier but it has also enabled bullies and predators to find new and persistent ways to reach their victims. A step in the right direction was taken by the Ontario Superior Court, in Doe 464533 v ND, 2016 ONSC 541 [Doe], by establishing the new tort of […]
Due to a dearth of commercial appellate decisions around the holiday season, a tort decision from the Ontario Divisional Court has caught my attention. Swern v Amazon Hardwood Centre Inc, 2015 ONSC 7590 [Swern] is a Small Claims Court decision appealed by the Defendants to the Divisional Court on a number of well-reasoned points of […]
There is an inherent tension in the relationship between parents and child protection agencies. Interactions often occur under the threat of litigation and apprehension. In JP v British Columbia (Children and Family Development), 2015 BCSC 1216 [JP], Justice Walker of the Supreme Court of British Columbia considered whether child protection agency workers owed a duty of […]
Ignored Cries In Hinse v Canada, 2015 SCC 35 [Hinse] an element of the Crown’s prerogative power is brought into the limelight. Hinse was exonerated approximately 30 years after his conviction for armed robbery. He served five years and ultimately received a settlement for the injustice he experienced. It was Hinse’s position that not only […]
An earlier post provided a summary of Henry v British Columbia, 2015 SCC 24 [Henry]. Unanimously overturning a decision of the British Columbia Court of Appeal (“BCCA”), the Supreme Court of Canada (“SCC”), held that the plaintiff, who was wrongfully convicted and consequently spent twenty seven years in prison for crimes he did not commit, […]
In Hopkins v Kay, 2015 ONCA 112 the Ontario Court of Appeal (“ONCA”) ensured that parties who suffer misuse of their private health information can claim common law damages against the wrongdoer. The court found that statutory damages under the Personal Health Information Protection Act, 2004, SO 2004, c 3, Sch A [PHIPA], did not create […]
Judges should assume facts in claims are true when considering whether to strike out a pleading under Rule 21 of Ontario’s Rules of Civil Procedure (“Rules”). In a case earlier this month, Gaur v Datta, 2015 ONCA 151, the Ontario Court of Appeal overturned a motion judge’s ruling in a 3-0 decision, allowing the appellants […]
The common law tort of battery is defined as any “non-trivial contact.” In medical malpractice, an action for battery may be brought where medical treatment is given without the consent of the patient. In Bentley v Maplewood, 2015 BCCA 91 [Bentley], the British Columbia Court of Appeal (“BCCA”) had to decide whether attendants in a […]