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Humpty Dumpty’s Philosophy on Compensatory Damages

Victims get compensatory damages in order to return them back to the same position they were in before the injury. This basic Tort law concept is taught to law students – and it is wrong. Often, victims cannot “return” to their pre-injury condition. The nursery rhyme of Humpty Dumpty shows my point. Humpty Dumpty was an egg who fell off a wall. He broke his shell so badly that none of the king’s horses or the king’s men could fix […]

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Ontario Court of Appeals Gives Clarity to “Catastrophic Impairment”

The Ontario Court of Appeals recently clarified the meaning of “catastrophic impairment” under Ontario’s Insurance Act. In Pastore v. Aviva Canada Inc., Mrs. Anna Pastore was a pedestrian who suffered a lot of pain because a car hit her.  Mrs. Pastore applied for enhanced accident benefits due to her catastrophic impairment.  Her insurance company, Aviva Canada Inc., argued they did not have to pay her enhanced benefits because her injuries did not meet the definition of “catastrophic impairment.” The Ontario […]

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Ontario’s Superior Court Certifies Class Action Against Rail Companies

The Toronto Star reported that Via Rail’s derailed train victims can proceed with a class action lawsuit against Via Rail and CN Rail.  The victims claim that their train was derailed because it was going over 100 km/hr in a 25 km/hr zone.  As a result, the accident killed 3 engineers and injured 45 passengers. Here is a link to the article: http://www.thestar.com/news/gta/article/1281195–ontario-court-gives-green-light-to-class-action-over-via-derailment

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Law Society of Upper Canada Looks at Articling Reform

As a Canadian studying at an American law school, I envy my American classmates who can sit for the bar after graduation.  Generally, future Canadian attorneys have to complete a 10 month articling position – similar to an apprenticeship.  In the past, this 10 month apprenticeship helped graduates transition into the practice of law.  Recently, the shortage of articling positions has begun to act as a barrier to the profession.  The Toronto Star reported that the Law Society of Upper […]

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Monster Energy Accused of Causing Teen’s Death

Caffeine is fuel that runs law students.  Personally, I enjoy a cup of black coffee in the morning.  I’ve never been a big fan of energy drinks but they are definitely popular around campus. Recently, the New York Times reported that a mother, Wendy Crossland, filed a lawsuit against Monster Energy for causing her 14-year-old daughter’s death.  The young girl drank the company’s energy drinks over two days and suffered a heart arrhythmia.  The mother’s products liability lawsuit is based on the theory […]

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