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Written on February 23, 2017.
Late last month the British Columbia Superior Court released a fascinating decision exploring the possibility that Transport Canada breached a duty of care to aviation passengers despite carefully following applicable regulatory procedures. The case, British Columbia (Workers’ Compensation Board) v Flanagan Enterprises (Nevada) Inc., 2017 BCSC 99, involved a crashed twin-engine Beech “King Air” A90 […]
Written on November 27, 2014.
A recent action in the United States Federal Court makes alarming accusations against the National Transportation Safety Board (NTSB). In Wolk Law Firm et al. v. National Transportation Safety Board, five families along with the lawyer that represents them, seek an order requiring the NTSB to release documents regarding five air crash investigations currently underway. […]
Written on September 10, 2014.
Sometimes a fall is simply an accident. In a recent Ontario Superior Court decision, Nandlal v. Toronto Transit Commission, 2014 ONSC 4760, a judge held that it is not reasonable to expect a public transport occupier to continuously and immediately cleanup after its patrons if they leave debris on stairs. Sarojanie Nandlal slipped and fell […]
Written on September 2, 2014.
The Ontario Superior Court of Justice recently clarified which protections the law provides to elected municipal officials who defame others during council meetings. In Gutowski v. Clayton, 2014 ONSC 2908, County of Frontenac Warden Janet Gutowski alleged that four council members had defamed her in a motion made during a council meeting. The motion alleged […]
Written on August 25, 2014.
Despite the efforts of the Ontario Good Roads Association (OGRA), Ontario municipalities will have to wait for reform of Ontario’s tort law. Ontario Attorney General Madeleine Meilleur announced at the 2014 Conference of the Association of Ontario Municipalities (AMO) that the provincial government will not be moving forward with any reforms to joint and several […]
Written on August 20, 2014.
UPDATE: Ontario Attorney General Madeleine Meilleur announced at the 2014 AMO Conference that the government will not be moving forward with any reforms to joint and several liability. Read more here. In the Summer 2014 issue of Milestones, the Ontario Good Roads Association (OGRA) outlines proposed solutions to the issue of joint and several liability for […]
