Deciding Disclosure Requests where Objection based on Privacy raised

A Balancing of Evidential Value and Potential Prejudice In Mohamud v. Juskey,[1] released August 2023, the court set forth a new legal framework for disclosure requests in the civil context where a party objects on privacy grounds. The plaintiff sued the defendant for a MVA wherein he crossed into her lane and caused her to crash under wet road conditions. The plaintiff allegedly sustained a concussion, whiplash, chronic pain, soft-tissue and psychological injuries (e.g., depression). She sued the defendants – being the driver and the owner of the vehicle involved – for general damages, loss of enjoyment of life, loss…

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The Tort of Family Violence – Update

Existing Torts Provide Adequate Remedies, New Tort Unnecessary, Court Finds The appeal judgment of a trial decision that created a new tort called family violence[1] was released. Firstly, ML Benotto JA determined that the trial judge (TJ) erred in creating a new tort of family violence. Recognizing that intimate partner violence is a pervasive social problem, the appellate judge reasoned that, for proposed nominate torts, a consideration is whether there are other adequate remedies. The TJ’s findings (such as that the husband physically assaulted the wife on three separate occasions) were sufficient for the verdicts that he committed assault, battery…

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Chronic Pain and Sufficiency of Proof

Case Study of Grewal v. Echelon General Insurance Company[1] The applicant, JG, was involved in a MVA on October 1, 2020 and sought accident benefits. The respondent insurer, Echelon, paid med-rehab benefits up to the $3,500 Minor Injury Guideline (“MIG”) limit but denied further benefits, taking the position that JG’s injuries were minor. JG applied to the License Appeal Tribunal (“LAT”) for resolution of the dispute. The issues in this LAT proceeding were a) whether JG’s injuries were minor and b) whether JG was entitled to any of the disputed med-rehab benefits (for four physiotherapy treatment plans, one orthopedic assessment…

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The Principles of Ownership in Vehicle Negligence Actions

Exploring Three Case Examplars of the Non-ownership Defence If anyone is negligent in the operation of a vehicle, the victim(s) of such negligence may seek damages from the owner(s) of that vehicle.[1] A key word in that legal formula is “owner.” The word “owner” is not defined in the relevant Act. In cases where people have sued others as being owner of the motor vehicle that was used negligently in an accident, the persons being sued have sought to evade legal liability by arguing that they were not, in fact, the owner. The legal issue of whether a party is…

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The Importance of Pre-Accident Medical Records to Accident Benefit Claims

Case Study of M.A. v. Co-operators, 2023 CanLII 30777 (ON LAT) The recently published case of M.A. v. Co-operators illustrates the importance of an applicant’s medical records dating from before the MVA in question to the issue of causation in establishing that the MVA caused the applicant’s currently-experienced injuries and symptoms. The facts and issues The applicant was involved in a MVA that occurred on March 12, 2019. The respondent insurer categorized her injuries as being minor in nature and denied some of her claims to accident benefits that exceeded the Minor Injury Guideline. She applied to the LAT to…

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Saskatchewan Case Law For The Sufficiency of An Emoji As Contractual Acceptance

Case Study of Southwest Terminal Ltd. v. Achter Land[1] A case that was released on June 8, 2023 from the Saskatchewan Court of King’s Bench determines, at least within the jurisdiction of the Province of Saskatchewan, an interesting issue for the world of commerce, which is: Can a thumbs-up emoji, in the right circumstances, be legally recognized as a valid form of acceptance of an offer that creates a legal contract? The Plaintiff alleged that the parties entered into a deferred delivery purchase contract on March 26, 2021 in which the Plaintiff agreed to buy and the Defendant agreed to…

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Examining the Efficacy of IRCC’s Use of AI

A recent article[1] discusses how IRCC has begun the process of modernizing Canada’s immigration system by integrating more AI and advanced data analytics. This is at least partly in response to the rising number of applications per year – IRCC making double as many decisions in 2022 than in 2021. As AI is used for more types of applications, IRCC’s position is that this use of technology will “better meet the needs of clients and Canada” including increasing processing efficiency and reducing employees’ workload. IRCC Minister is quoted as saying the decision to accept or reject an application is always…

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Refused a Work Permit

Reasons Work Permits Are Refused And How You Can Change It A work permit is a document issued by Immigration, Refugees and Citizenship Canada (IRCC) that authorizes a foreign national to enter and remain in the country for the purpose of working for an eligible Canadian employer. A work permit has a validity period, being a range within which the authorization is effective. A generic work permit specifies what particular employer the applicant may work for, for what period of time and in what location. A spousal open work permit is where the applicant has a spouse who either works…

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Refused a Visitor Visa?

How visitor visas are rejected and what you can do about it A visitor visa is a document issued by Immigration, Refugees and Citizenship Canada (IRCC) that authorizes a foreign national to enter and remain in the country. A visitor visa has a validity period including a date when it comes into effect and a date when it ceases to have effect. A visitor visa application involves, either by oneself or with the assistance of a licensed immigration representative or lawyer, assembling and submitting various official and supporting documents. An employee of the IRCC known as a visa officer is…

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Refused a Study Permit?

How student visas are declined and options at your disposal A study permit is a document issued by Immigration, Refugees and Citizenship Canada (IRCC) that allows a foreign national to enter and remain in the country temporarily to partake in an academic program at a designated learning institution. A study permit has a validity period including an issue date and an expiry date. An application for a study permit involves gathering and submitting a number of different documents and can be done either entirely by oneself or in consultation with a licensed immigration representative or counsel. The decision to grant…

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