Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. BC Injury Law Blog 2. Canadian Appeals Monitor 3. 4. Employment & Human Rights Law in Canada 5. Global Workplace Insider

BC Injury Law Blog
$75,000 Non-Pecuniary Assessment for Mild/Moderate Soft Tissue Injuries With Resulting Chronic Pain

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for chronic soft tissue injuries as a result of a motor vehicle collision. In today’s case (Dueck v. Lee) the Plaintiff was injured in a 2016 collision which the Defendant admitted fault for. The crash resulted in mild/moderate soft tissue injuries some of which lingered and led to chronic pain. The prognosis for full recovery was poor. In assessing non-pecuniary damages at $75,000 Mr. Justice Giaschi made the following findings and provided the following reasons: …

Canadian Appeals Monitor
A Question of Attribution: UK Supreme Court Clarifies Law on the Illegality Defence and the Quincecare Duty Owed By Financial Institutions

A Question of Attribution: The UK Supreme Court has released an important decision, limiting the circumstances when the actions of a directing mind can be attributed to the company he owns and controls. That decision, Singularis Holdings Limited (in liquidation) v Daiwa Capital Markets Europe Limited,[1] also marks the termination of the first case in the UK case where a financial institution has been found in breach of the so-called “Quincecare” duty of care. …
Wear and Tear, Cleanliness, Repair, Replacement and Betterment: A Landlord’s Claims for Compensation at the End of a Residential Tenancy

This decision by Judge Jerry LeGrandeur deals with several claims by a landlord for compensation for damages allegedly done to residential premises by former tenants. The landlord claimed for the cost of replacing the carpet in the living room, master bedroom and a closet, based on what the landlord said was damage due to pet urine and, in one specific spot, due to cigarette burns. …

Employment & Human Rights Law in Canada
So, You’re a Respondent in a Workplace Complaint

You’ve been asked to meet with HR or People Ops. You may – or may not – be aware of what the meeting is about, but you’re a little rattled. You’re told the company will be conducting an investigation, meaning a matter is being taken seriously. You wonder whether you should go it alone, or talk to a lawyer – someone who can help you navigate an unfamiliar process. …

Global Workplace Insider
Employee dismissed following long term absence due to mental illness: Federal Court finds it lawful

In an important decision last month, the Full Court of the Federal Court of Australia upheld the appeal of an employer who claimed, in dismissing a client executive who had been absent from work for 7 months due to mental health issues, it had acted lawfully and not dismissed him because of his illness.


*Randomness here is created by and its list randomizing function.

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