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Litigation
Professional Negligence
Australia
Bartier Perry
Recent decision serves as a reminder not to discount s151D as a defence to a work injury damages claim.
Colin Biggers & Paisley
Court states skiing is a dangerous recreational activity within the meaning of the Civil Liability Act.
Canada
Borden Ladner Gervais LLP
In Price v Smith & Wesson Corp., 2021 ONSC 1114, Justice Perrell of the Ontario Superior Court of Justice considered the viability of product liability claims advanced against a gun manufacturer...
Siskinds LLP
Medical malpractice occurs when a patient suffers injury or harm as a result of the negligence of a health care professional.
WeirFoulds LLP
The Ontario Court of Appeal recently released two decisions under Ontario's anti-SLAPP (Strategic Litigation Against Public Participation) legislation: Subway Franchise Systems of Canada, ...
Gardiner Roberts LLP
In July 2018, a loan gunman shot and killed two people on a busy street in Toronto and injured several others in a notorious incident known as the "Danforth Shooting."
Blaney McMurtry LLP
Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of February 8, 2021.
Rogers Partners LLP
I am often asked how many children I have and I tend to respond jokingly (sort of) that I have 34 kids. In actual fact, that number is four with the ages being ...
Borden Ladner Gervais LLP
It is rare for medical negligence cases to make their way to the Supreme Court of Canada. Until last week, the last case focused on the test for standard of care ...
Siskinds LLP
This article on contingencies is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case.
Cayman Islands
Carey Olsen
In a groundbreaking move last month, the Cayman Islands gazetted the Private Funding of Legal Services Act 2020 ("the Act").
Campbells
The passing of the Private Funding of Legal Services Act, 2020 (the "Act") sounded the death knell of the torts of maintenance and champerty in the Cayman Islands, ...
Maples Group
The Private Funding of Legal Services Act, 2020 (the "Funding Act") provides that contingency fee arrangements will, when the Funding Act and its supporting regulations are brought into force...
Ireland
Dillon Eustace
The High Court (Humphries J.) has affirmed a decision of the Circuit Court, dismissing a plaintiff's personal injuries action on the basis that the action did not succeed under ...
Ronan Daly Jermyn
On 16 December last, the Expert Group, chaired by Mr Justice Charles Meenan, published a report reviewing the Law of Torts and the current systems for management of clinical negligence claims
Dillon Eustace
The key point to be addressed was when the financial loss (the "damage") suffered by the investors actually occurred.
Ronan Daly Jermyn
The High Court (Butler J), in a recent decision delivered on 15 December 2020 [Keith McKenna vs Kerry County Council and Angela McAllen] ...
Japan
Freshfields Bruckhaus Deringer
Several governments are considering re-shaping existing liability regimes to accommodate the novel technology.
South Africa
Schoemanlaw Inc.
Gross negligence is a form of misconduct that allows for summary dismissal if found guilty.
BLM
These days we don't use Latin much as part of everyday speech but the Latin phrase ex turpi causa as shorthand for the illegality defence is something of an exception.
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