Court Opens Door to Class Action for Victims of Moose Crashes

In a novel decision, a Newfoundland court has ruled that victims of moose-vehicle collisions may sue the government for negligently failing to manage the provincial moose population.  Last year, there were an estimated 800 collisions or close calls involving moose. The plaintiffs allege that the government introduced a non-native species of moose to Newfoundland in

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When is a Settlement Truly a Settlement?

One of the most common ways to settle a lawsuit is for the parties to attend a mediation.    In Lynne Boulanger’s lawsuit against The Great-West Life Assurance Company, the parties did exactly that.  At the end of the mediation, their lawyers drafted a “Settlement Agreement”. As part of the Settlement Agreement, Ms. Boulanger agreed to

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Recreational Trail Owners Held to Low Standard of Care

An occupier of land that opens the land up for recreational use free of charge owes a lesser duty of care than other occupiers of land.  That was the judgment of the Ontario Court of Appeal in Schneider v. St. Clair Region Conservation Authority. Angela Schneider was cross-country skiing with her family on a trail

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Court Clarifies Income Replacement Benefit Test

Under the Statutory Accident Benefits Schedule (SABS), a person injured in a car accident in Ontario is entitled to receive a weekly income replacement benefit for two years if he or she is unable to perform his or her own occupation.after two years, the injured person is only entitled to receive an ongoing income replacement

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