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Parents Cannot Waive a Child’s Right to Sue
A parent cannot sign away a child’s right to sue by signing a waiver, a British Columbia Supreme Court judge has ruled. The Wong v. Lok’s Martial Arts Centre Inc. decision is believed to be the first...
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New Bill 198 Threshold Decision Sheds Light on Interpretation
Since the defining regulation for the Bill 198 threshold was passed in October 2003, it has been the subject of a much debate. There have been surprisingly few decisions to provide guidance and new...
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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...
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Auto Insurance Changes Effective September 1, 2010: Justice Restored in...
This is the second of a series where Patrick Brown discusses the upcoming changes to auto insurance. The Ontario Government has now stepped up and restored both dignity and respect to the senior...
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Three Feet Rule in Ontario. Do we need it ?
Recently Cheri DiNovo an MPP for Parkdale has brought forward a private members bill requiring motorists to give three feet of space to cyclists. A similar law has been passed in 16 States south of...
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Judge Overrules Jury Verdict: Court of Appeal Upholds Judge’s Decision
It is extremely rare for a judge in Ontario to overrule the decision of a jury. However, that is precisely what happened in the recent case of Salter v. Hirst. Recently, the Court of Appeal upheld the...
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Refreshing Memory With Statement Not a Waiver of Privilege
When a party to a lawsuit refreshes her memory with a privileged statement before examination for discovery, is the privileged waived? In other words, does she now have to produce a copy of the...
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