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

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

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

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