General Cap For Damages
In Alberta a successful court challenge was made to the general damages cap for minor damages being $4000. However, this summer the Alberta Court of Appeal overturned the decision and found that the cap on damages did not violate the constitutional rights of injured car victims in Alberta.
The decision is Morrow v. Zhang, [2009] ABCA 215
The courts rationale was based on the fact that while injured parties lost the right to compensation they were given access to an enhanced accident benefits system.
The Nova Scotia Court of Appeal is expected to also rule on the issue of a $2,500 cap for damages in the case of Hartling et al v. Nova Scotia It’s anticipated that the decision will be out sometime in Christmas.
Snapple, Made From The Best Stuff On Earth?
A three J
udge panel decided on August 13, 2009 that the lawsuit against Snapple would proceed. The lawsuit was commenced by the Plaintiff alleging the companies marketing and advertising strategies were false. Moreover that Snapple violated consumer-fraud laws by claiming, “all natural ingredients”. When in fact it really used artificial sweetners?
Initially the suit was thrown out due to the US FDA’s food and drug Regulations over labeling. The lower court stated that the company was immune from the lawsuit.
However, early this month an appeals court allowed the suit. Will Snapple also be sued for its claim that its, “made from the best stuff on earth” as well?
E-coli Victims Sue JBS Swift Company
Back in June I reported that the Canadian Food Inspection Agency
Cows -
warned of an E-coli outbreak at an American beef company (JBS Swift Company) that supplied meat to President’s Choice. A number of PC products were recalled.
I have learned today that a popular food attorney in the US has commenced a third lawsuit against the company on behalf of a Wisconsin family. Three members of the family became ill after consumption of the meat.
The youngest of the two boys aged 7 was readmitted to the ER where stool samples revealed he tested positive for E-coli. Subsequently, the boy developed hemolytic uremic syndrome a complication of E-coli infection.
It does not appear that there are any known cases in Canada yet.
Hold Your Wee for a Wii
In 2007 a local radio station in the United States had a contest called, “Hold Your Wee for a Wii”. The idea was to drink lots of water and see who could go longest without having to rush to the bathroom. The victim and participant, Jennifer Strange was only 28 at the time. After the contest while walking home she complained of a headache, collapsed and died.
A legal proceeding was commenced and according to another source is heading for trial this week.
Another Bad Weekend For Motorists
Car crash - From Toronto Star
Looks like another bad weekend for motorists as reported by the Toronto Star.
Health Canada Reviewing Possible Association of Asthma Drug Xolair (Omalizumab) with Increased Risk of Cardiovascular Problems
OTTAWA - Health Canada is informing health care professionals and Canadians that it is conducting a safety review of the potential association between the asthma drug Xolair (the brand name for the drug omalizumab) and an increased risk of cardiovascular problems.
The complete article can be found here.
Welcome to RehanKhalil.com
I am pleased to welcome you to my new website and legal blog. Stay tuned and I hope you continue to visit frequently.
Health Hazard Alert – Certain Jumbo Green Onions May Contain Salmonella Bacteria
The Canadian Food Inspection Agency (CFIA) and Vitale Produce Ltd. are warning consumers not to consume Jumbo Green Onions described...
Hep A outbreak at McDonald’s
Restaurant giant McDonald’s could be facing a potential class action due to a Hepatitis outbreak as it seems more people are coming forward with claims. The cause and spread of the outbreak is interesting. The incident occurred in Milan, Illinois and is being attributed to a McDonald’s employee who contracted the virus in June. She returned to work. However, the hospital where she was diagnosed did not notify public health officials on a promptly basis as they were supposed. Moreover, when the matter was reported there was a subsequent delay since an employee was on vacation.
It has been suspected that the infected employee likely did not wash her hands properly after using the washroom and likely had feces on her that in turn ended up on food.
MSN.com reports that a mother and her 14 year old daughter filed a lawsuit today after having eaten at infected McDonald’s alleging to have been sickened by Hepatitis A.
When the Justices Ask Questions
A recent article in the New York Times entitled, When the Justices Ask Questions, Be Prepared to Lose the Case, discusses a study by a law student who concluded the more questions a party is asked during court the likely the party will lose.
While on the one hand I see great merit in this theory, one that I have often seen myself first hand. Lawyers before a Judge have two options when the other party is getting hammered. Stay quiet and let the Judge do your work, or provide additional ammunition.
However, I can’t see how this theory is entirely correct either. Often in cases where Judges ask questions, as the article states and how I have seen first hand it’s more for clarification or to think aloud.
On numerous occasions I have seen a party peppered with questions even criticism by a Judge only to still come out on top.
What it comes down to is the fact that there is no absolute clear guideline on how a Judge will deliberate. When they feel like it, a Judge will overrule decades of precedent, common sense or simply fail to see a bigger picture.