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Published on: 8 Aug 2017 By

Changes for Personal Injury Plaintiffs Receiving ODSP Benefits

As of August 1, 2017, the amount of money personal injury plaintiffs who are receiving Ontario Disability Support Program (“ODSP”) benefits are eligible to receive as compensation for pain and suffering, for out-of-pocket expenses and future care costs, and for Family Law Act claims is no longer capped at $100,000. ODSP is a government program...

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Published on: 12 Oct 2017 By

What is an “Accident”: A Case Summary on Dittmann v. Aviva

The recent Ontario Superior Court of Justice decision of Dittmann v. Aviva Insurance Company of Canada[1] provides an interpretation of what qualifies as an “accident” pursuant to the Statutory Accident Benefits Schedule (“SABS”). Subsection 3(1) of the SABS defines “accident” as “an incident in which the use or operation of an automobile directly causes an...

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Published on: 12 Dec 2016 By

Microbead Ban Coming By January 1, 2018

On November 5, 2016, the federal government published a proposed regulation in the Canada Gazette, entitled Microbeads in Toiletries Regulations, to ban the manufacture or import of most toiletries that contain microbeads on or after January 1, 2018. The prohibition applies to products that are natural health products or non-prescription drugs on or after July...

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Published on: 7 Apr 2015 By

Retrial: lower fines for environmental consultant

In 2011, we wrote about the record $161,000 in fines imposed upon an environmental consultant and his company. In addition, $40,500 in fines were imposed on their clients, Mr. James Sinclair and his company Sinclair Landing, owner of a contaminated site. Following an appeal and retrial, the fines imposed on geo-environmental firm Bruce A. Brown Associates...

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Published on: 22 Apr 2024 By

Opioid treatment drug Suboxone linked to tooth decay

Suboxone, a drug used for opioid dependence, has been reported to cause severe dental issues. Studies have shown a link between buprenorphine – an active ingredient in Suboxone – and an increased risk of severe dental harms. These issues include cavities, tooth decay, dental abscesses/infection, tooth erosion, fillings falling out, and total tooth loss, including...

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Published on: 27 Jan 2023 By

Considerations when choosing a medical malpractice lawyer

Medical malpractice occurs when a patient suffers injury or harm as a result of the negligence of a health care professional. Negligence occurs when a health care professional falls below the standard of care expected of a reasonable practitioner of that profession in similar circumstances, and that failure causes the patient’s injury or harm. A...

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Published on: 26 Jul 2022 By

Arthritis medication Xeljanz linked to risk of heart attack and cancer

Pfizer’s Xeljanz and Xeljanz XR (tofacitinib), a popular drug used to treat rheumatoid arthritis, psoriatic arthritis, and ulcerative colitis, has been linked to an increased risk of serious heart problems, cancer, and death, especially in older patients – the largest demographic among Xeljanz users. A large clinical trial showed a higher rate of serious heart-related...

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Published on: 17 Feb 2021 By (She/Her)

Medical Malpractice Frequently Asked Questions

What is medical malpractice? Medical malpractice occurs when a patient suffers injury or harm as a result of the negligence of a health care professional. Negligence occurs when a health care professional falls below the standard of care expected of a reasonable practitioner of that profession in similar circumstances, and that failure causes the patient’s...

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Published on: 5 Jul 2016 By

Slips, Trips and Falls: Understanding Occupiers’ Liability

What is Occupiers’ Liability? In Ontario, the Occupiers’ Liability Act governs all claims relating to occupiers’ liability. Anyone who is in physical possession of a property, or has responsibility for and control over a property (the “occupier”) owes a duty of care to take reasonable precautions to ensure that all persons are reasonably safe while...

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Published on: 22 Jul 2008 By (Dianne Saxe)

What is "storage"?

A recent Alberta case casts some light on the meaning of waste “storage”. Custom Environmental Services (CESL) sorts and recycles contaminated material, including PCBs. PCB material is brought to the CESL, sorted, cleaned, perhaps processed and placed in containers. Once a truckload has accumulated, it is transported to a disposal site. PCB material is present...

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