At the request of lawyers for actor Keanu Reeves, an Ontario court dismissed a C$3 million suit filed by an unemployed homemaker claiming that Reeves was the father of her children. The defense pointed to negative DNA test results, Reeves’ strong denials that he ever met or had dealings with the woman, and divorce documents attributing the children’s paternity to the woman’s ex-husband. “Sala disputed the DNA results in court … suggesting they had been tampered with or that Reeves used hypnosis to affect the results.” [Herald Sun via Faces of Lawsuit Abuse monthly worst-lawsuit poll, PopCrunch]
Tagged as:
Canada,
child support,
movies film and videos
Obesity-as-disability in Canada: “Marise Myrand said her condo association discriminated against her by denying her a parking spot closer to her building entrance.” She’s now won a favorable ruling from the Quebec Human Rights Tribunal and a $10,000 settlement. [The Globe and Mail, h/t reader Vicky G.]
Tagged as:
Canada,
disabled rights,
obesity,
real estate
Canadian health officials require poutine—a Canadian dish of french fries, cheese curds, and gravy—to be heated to 140 to 165 degrees for health reasons, a temperature somewhat that below of hot coffee. Alas, this is a temperature that can cause second-degree burns if a consumer happens to suffer an epileptic fit and fall face-first into their poutine, as happened to an Ontario teenager dining alone at a local KFC. No lawsuit appears to be planned, though her father seems to be demanding warnings of some sort. (Don Peat, “Teen burned in KFC poutine mishap”, canoe.ca, Jan. 19 (h/t Bumper)). Of course, given that warnings cannot deter epileptic seizures, it’s not clear why this would have made a difference. And as the Mocking Words blog points out:
What if instead she ended up falling down and hitting her head on the concrete floor? Are you going to go around warning people that concrete is a very solid material and that people should be aware that if you fall and hit your head on the floor that it’s going to hurt and is possibly going to injure you?
Tagged as:
Canada,
eat drink and be merry,
failure to warn,
hot coffee
A boost from Canada for compulsive-gambling litigation: “Quebec’s lottery commission confirmed Thursday that it has reached a tentative multimillion-dollar agreement to compensate thousands of addicted gamblers, in a case with national implications. … Similar lawsuits are underway in Ontario, Nova Scotia and Newfoundland-Labrador.” [Canadian Press, CBC, CTV, earlier here and here]
Tagged as:
Canada,
compulsive gambling
But only when it’s aimed at one’s spouse, according to the report. [BBC, Barbara Kay/National Post, Ann Althouse] For the active campaign in the U.S. to create rights to sue over “bullying”, psychological and otherwise, in workplace, school and other contexts, see this tag. Quebec has enacted a law to ban “psychological harassment” at work, explained in part here and here.
Tagged as:
bullying,
Canada,
family law,
France
“The Supreme Court of Canada has taken away a $200,000 insurance award made to a Vancouver man who became paralyzed after a series of medical calamities arising from him having unprotected sex.” [The Globe and Mail]
Tagged as:
Canada,
communicable disease,
insurance
- Insurance mandate or no, New Jersey specialists tending to duck out of high-legal-risk procedures like mammography [Amy Handlin, Gloucester County Times via NJLRA]
- Audi redux, or something different this time? L.A. Times endorses charges of sudden acceleration against Toyota [Holman Jenkins/WSJ, FindLaw "Injured"]
- Ghastly idea of the year: Rep. Waxman wants federal government to be “responsible” for fixing journalism [Coyote, Bainbridge]
- “Arkansas Judge Tosses Defamation Lawsuit Against Dixie Chicks Over ‘West Memphis Three’ Letter” [Citizen Media Law, Longstreth/American Lawyer]
- Judge Weinstein: falsification by arresting officers seems “widespread” in NYPD [Balko, Greenfield]
- U.K.: Carbon ration cards? [Krauthammer]
- Nova Scotia, Canada: “A Couple in their 70s Wave at A Kid…And In Swoop the Cops” [Free-Range Kids]
- Barbra Streisand loses suit over aerial photo of her Malibu home taken by environmental group; by suing, she ensures that many thousands more people will see the photograph, in what is dubbed “Streisand effect” [six years ago on Overlawyered]
Tagged as:
Arkansas,
Canada,
child protection,
climate change,
defensive medicine,
libel slander and defamation,
New Jersey,
newspapers,
police,
Streisand effect,
sudden acceleration
The couple who used to own Granary Natural Foods in Carleton Place, Ont. acknowledge that they had earlier objected to what they said was sniffing of food by the psychiatric-service dog. But they said the reason they threw the dog’s owner out of the store this time was that he was “yelling and swearing, demanding service”. [CBC]
Tagged as:
Canada,
service animals
New at Forbes.com: John Endean has an important article demonstrating that while American unionists seek to use Canada’s pro-union labor laws as a model for their proposed Employee Free Choice Act (EFCA), they seldom mention that Canadians themselves have found it advisable to rethink and retreat from some of those laws. It’s a condensed adaptation of a paper that will soon be published here as the first in a planned Manhattan Institute series on labor policy. Check it out here (cross-posted from Point of Law).
Tagged as:
Canada,
Employee Free Choice Act,
labor unions
Mark Steyn calls this news clip from Canada “the descent into societal madness distilled into one perfect paragraph”:
People with outstanding warrants will be denied income assistance in British Columbia as soon as next year if legislation introduced yesterday is passed into law, said Rich Coleman, Minister of Housing and Social Development. “People who have outstanding warrants shouldn’t be getting welfare until they clean up the problem,” said Mr. Coleman, adding that to qualify, warrants must be for indictable offences such as murder, sexual assault and drug trafficking. But Mr. Coleman said the government will not run criminal background checks on welfare applicants to enforce the policy. Instead, it will rely on criminals to disclose their outstanding legal issues when they make an application.
Tagged as:
Canada,
crime and punishment
- Uh-huh: new report from federal Legal Services program calls for gigantic new allocation of tax money to, well, legal services programs [ABA Journal]
- “Judge: Man’s a ‘vexatious litigator’” [Cincinnati.com]
- Wisconsin governor signs bill requiring prescription to buy mercury thermometer [Popehat]
- “Injured by art?” Woman sues Museum of Fine Arts Houston after fall in artist-designed light tunnel [Mary Flood, Houston Chronicle "Legal Trade"]
- On Carol Browner and the cry of “environmental racism” (a/k/a “green redlining”) [Coyote]
- New York: “Lawyers implicated in $9 million mortgage fraud” [Business Insider]
- In Canada, as in the U.S., medical privacy rules hamper police investigations [Calgary Herald]
- Stalin’s grandson loses lawsuit in Russia against newspaper that supposedly defamed the dictator [WSJ Law Blog, Lowering the Bar, Volokh]
Tagged as:
art and artists,
Canada,
Cincinnati,
environment,
HIPAA,
Houston,
legal services programs,
mortgages,
redlining,
Russia,
serial litigants,
Wisconsin
Susan Taylor Martin in the St. Petersburg Times has some striking numbers:
For neurosurgeons in Miami, the annual cost of medical malpractice insurance is astronomical — $237,000, far more than the median price of a house.
In Toronto, a neurosurgeon pays about $29,200 for coverage. It’s even less in Montreal ($20,600) and Vancouver ($10,650).
Among the reasons why: in 1978 the Canadian Supreme Court imposed (on its own) nationwide limits on pain-and-suffering recoveries, adjusted for inflation and now just over $300,000. A single mutual insurer covers most doctors and takes an aggressive approach to defending claims. Most cases are tried before judges. Billboard and TV advertising by lawyers is much less prevalent in Canada. And so forth — all aside from the loser-pays principle.
Tagged as:
Canada,
damages,
medical malpractice
A Canadian plaintiff’s lawyer credits them with reducing defendants’ propensity to file obstructive motions [AmLaw Daily, interviewing class action attorney Andrew Morganti -- last paragraph]
Tagged as:
Canada,
loser pays
