Bronwyn Martin
THE PLAY’S THE THING
Have you ever wondered if lawyers can be entertaining? Have you ever wanted to see a group of 30 lawyers break into dance? Now is your chance! For the past three years the Nightwood Theatre has put on a Shakespearean comedy that is performed by members of the legal community. This has become an important [...]
NO SUIT FOR YOU: THE RIGHT TO SUE PROVISIONS OF THE WORKPLACE SAFETY AND INSURANCE ACT
Under the Workplace Safety and Insurance Act, a worker employed by a Schedule 1 employer who is injured in the course of employment is barred from commencing a civil action against another Schedule 1 employer. This is because Schedule 1 employers are required to contribute to the WSIB insurance fund. The rationale behind this legislative [...]
POLE DANCING IN A LIMO: YES, IT CAN CAUSE ACCIDENTS
Someone attempts a headstand against a stripper pole in a moving limo bus. Injuries ensue. Is it an accident? This age-old question has finally been answered. In the recent decision Economical Mutual Insurance Company v. Whipple, the Financial Services Commission of Ontario (FSCO) determined that this was indeed an accident pursuant to section 2(1) of [...]
UP IN SMOKE – BC JUDGE AWARDS COSTS FOR MEDICAL MARIJUANA
In the recent decision of Joinson v. Heran, 2011 BCSC 727, B.C. Supreme Court Justice Brown awarded a plaintiff costs for medical marijuana arising out of a medical malpractice action. This is the first time in Canada that costs have been awarded for medical marijuana. The plaintiff, who suffered damages after the defendant neurosurgeon performed [...]
A WOMAN WALKS INTO A BAR…
A woman walks into a pole that is resting in the back of a parked truck, hits her head and suffers an injury. The Ontario Court of Appeal finds that she was struck by a car. These are essentially the facts in Lewis v. Economical Insurance Group, 2010 ONCA 528, in which Justice Laskin held, [...]