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In a recent decision, a unanimous Ontario Court of Appeal reaffirms that when it comes to tort law, 'Sentiment is not principle':1 the victim of a crime can and will [...]

The Private International Law (Choice of Law in Tort) Bill is a useful move which deserves support. The changes it proposes to the conflict of law rules for tort claims [...]

RVB Managements Ltd. v. Rocky Mountain House, 2015 ABCA 304, per Paperny, Watson, Slatter JJ.A. I. FACTS AND ISSUES This was a $25 million tort claim against a municipality. It [...]

It's Friday and time for another overview of developments in the field of business and human rights that we've been monitoring. This week's post includes: recent developments with regard to [...]

As of August 1, 2015, section 4 of the Nova Scotia Automobile Tort Recovery Limitations Regulations was repealed. This section previously set the discount rate for future losses in automobile [...]

Under what circumstances does a person give his 'prior express consent' to be contacted on his cellphone by a creditor? The Sixth Circuit recently examined that very question in Hill [...]

In O'Brien v. Bard Canada Inc., 2015 ONSC 2470 ('Bard'), Justice Perell refused to certify the plaintiffs' claim for waiver of tort. Perell J.'s rationale was not based on the [...]

Co-Authored by Amy Gates1 INTRODUCTION There have been several significant cases this past year which every civil litigator should be aware of. The Supreme Court of Canada has clarified the [...]

Byline: Kimberly Atkins When an accident victim's medical expenses are covered by an ERISA plan, and the victim goes on to win a tort suit for his injuries, who foots [...]

Byline: Sylvia Hsieh The Mississippi Supreme Court will hear arguments next month over the constitutionality of the state's tort caps. A state statute caps noneconomic damages at $1 million in [...]

Byline: Sylvia Adcock Lawmakers in North Carolina last week continued to consider sweeping changes in the state's tort system and got their first look at a bill that would overhaul [...]

Byline: Sylvia Hsieh A New York proposal to cap medical-malpractice damages at $250,000 vanished from the tentative budget agreement between the state legislature and Governor Andrew Cuomo. The tort reform [...]

Byline: Sylvia Adcock A North Carolina jury has awarded $130,000 to a woman who brought a breach-of-contract-to-marry claim after she was dumped by her fiance, a common-law tort that is [...]

What is professional negligence? Professional negligence exists when a professional (for example: surveyors, accountants, lawyers, valuers, professional trustees) within his specific area fails to meet the required standard of responsibility [...]

Key Points: It remains to be seen whether the creation of the proposed tort for invasion of privacy will be a priority for the current government, given the concerns of [...]

The Supreme Court of Canada recently refused leave to appeal the decision of the Ontario Court of Appeal which determined that plaintiffs cannot recover for pure economic loss resulting from [...]

Byline: Pat Murphy The state deadline for filing a personal injury claim against a governmental entity was extended by a delay in the plaintiffs' obtaining surveillance camera videos depicting their [...]

Byline: Kimberly Atkins The U.S. Supreme Court begins its upcoming term with a docket full of cases important to litigators. Starting on Oct. 4, the justices will take on issues [...]

Byline: Pat Murphy An outside party to a collective bargaining agreement can't be sued in court for tortious interference - a mandatory arbitration clause in the contract does not apply, [...]

Tort claims brought by an employee who was allegedly raped in her employer-provided living quarters were not 'related to [her] employment' or 'arising in the workplace,' and therefore were not [...]