Category: Publications

Why Ontario’s civil court backlog prejudices plaintiffs’ claims By Kris Bonn Ontario’s civil courts continue to struggle with post-pandemic delays. The problem is not just administrative. In personal injury litigation — and especially in motor vehicle collision cases — delay changes the financial value of a claim. For plaintiffs, longer times to get to trial do not simply postpone compensation. They can reduce it. The civil justice system is in crisis. Public reporting on the Advocates’ Society’s 2023 call to action

By Kris Bonn Introduction The Manitoba Court of Appeal’s recent decision in Tripp v Ross, 2025 MBCA 25, is a significant reaffirmation of the principles governing causation in medical malpractice cases, particularly where a defendant’s negligence has created uncertainty about the cause of a plaintiff’s injury or death. The Court’s reasons, delivered by Justice Pfuetzner, provide a clear roadmap for practitioners navigating the complex intersection of medical evidence, statistical probabilities, and the legal burden of proof. Background The case arose

By Kris Bonn What Is Employer Liability? Employer liability refers to the legal responsibility that employers bear for injuries or illnesses sustained by employees in the workplace. In Ontario, the framework for this liability is primarily governed by the Workplace Safety and Insurance Act (WSIA).  The WSIB System: Coverage, Claims, and Protection The Workplace Safety and Insurance Board (WSIB) is Ontario’s primary system for handling workplace injuries and illnesses. Most restaurants are classified as Schedule 1 employers under the WSIA, meaning

By Kris Bonn Public roads, sidewalks, trails, and recreational facilities are designed to bring people together and keep communities connected. In Ontario, municipalities bear much of the responsibility for ensuring that these spaces remain safe for everyone who uses them. However, when an injury occurs because of a hazard on public property, it often raises questions about where municipal responsibility begins and ends. Like private property owners, municipalities must follow legal duties set out in provincial legislation. These rules not

By Kris Bonn What Small Businesses Need to Know About Workplace Injury Liability in Ontario Ontario’s workplace injury liability landscape is shaped by several key statutes, with the most critical being the Workplace Safety and Insurance Act, 1997 (WSIA) and the Occupational Health and Safety Act (OHSA). These laws work together, along with the common law, to ensure employees’ safety and to provide a clear system for responding to injuries. Workplace Safety and Insurance Board (WSIB) The WSIB administers Ontario’s no-fault

By Kris Bonn Law360 Canada (July 22, 2025, 2:15 PM EDT) — The Ontario Civil Rules Review Working Group (CRRW) has recently proposed significant changes to the Ontario Rules of Civil Procedure, aiming to streamline and modernize the litigation process. Among the most controversial of these proposed changes is the elimination of oral examinations for discovery, to be replaced by sworn written statements. While the intent behind these changes is to reduce delays and costs associated with civil litigation, they