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Arnold V Teno
''Arnold v Teno'', 9782 SCR 287 is a leading tort case from the Supreme Court of Canada. This decision was part of a trilogy of personal injury cases including ''Andrews v Grand & Toy Alberta Ltd'' (1978) and ''Thornton v Prince George School Board'' (1978). Teno v Arnold (1974) On July 1, 1969, four-year-old Diane Teno and her six-year-old brother were crossing the street to get some ice cream from the ice cream truck parked on the other side when she was struck by a car driven by Brian Arnold. Teno was rendered severely brain damaged and in 1974, sued Arnold for damages. At trial Teno was successful and was awarded damages. Arnold v Teno (1978) In 1978, Arnold appealed the amount awarded. The issue before the Court was whether the amount of award for damages was correct. The Court dismissed the appeal and upheld the original damage award. Justice Spence, writing for the majority, observed that the purpose of the award in these circumstances is to ensure that Teno is properly ...
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Court Of Appeal For Ontario
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice. Description The Court is composed of 22 judicial seats, in addition to one or more justices who sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in ''Halpern v Canada (AG)'' that found defining marriage as between one man and one woman to violate Section 15 of th ...
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Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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Personal Injury
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit (the "claimant" in English Law or "plaintiff" in American jurisdictions) has suffered harm to his or her body or mind. Personal injury lawsuits are filed against the person or entity that caused the harm through negligence, gross negligence, reckless conduct, or intentional misconduct, and in some cases on the basis of strict liability. Different jurisdictions describe the damages (or, the things for which the injured person may be compensated) in different ways, but damages typically include the injured person's medical bills, pain and suffering, and diminished quality of life. History Historically, personal injury lawsuits in tort for monetary damages were virtually nonexistent before the Industrial Revolution of the 19th century. In agra ...
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Ice Cream Truck
An ice cream van (British) or ice cream truck (North American) is a commercial vehicle that serves as a mobile retail outlet for ice cream, usually during the spring and summer. Ice cream vans are often seen parked at public events, or near parks, beaches, or other areas where people congregate. Ice cream vans often travel near where children play — outside schools, in residential areas, or in other locations. They usually stop briefly before moving on to the next street. Along the sides, a large sliding window acts as a serving hatch, and this often displays pictures of the available products and their prices. Most ice cream vans tend to sell both pre-manufactured ice pops in wrappers, and soft serve ice cream from a machine, served in a cone, and often with a chocolate flake (in Britain), a sugary syrup, or toppings such as sprinkles. While franchises or chains are rare within the ice cream truck community (most trucks are independently owned and run), some do exist. ...
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Brain Damage
Neurotrauma, brain damage or brain injury (BI) is the destruction or degeneration of brain cells. Brain injuries occur due to a wide range of internal and external factors. In general, brain damage refers to significant, undiscriminating trauma-induced damage. A common category with the greatest number of injuries is traumatic brain injury (TBI) following physical trauma or head injury from an outside source, and the term acquired brain injury (ABI) is used in appropriate circles to differentiate brain injuries occurring after birth from injury, from a genetic disorder (GBI), or from a congenital disorder (CBI). Primary and secondary brain injuries identify the processes involved, while focal and diffuse brain injury describe the severity and localization. Recent research has demonstrated that neuroplasticity, which allows the brain to reorganize itself by forming new neural connections throughout life, provides for rearrangement of its workings. This allows the brain to ...
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Kuipers V Gordon Riley Transport
''Kuipers v Gordon Riley Transport'', 1 C.C.L.T. 233 (1976) was a Canadian personal injury case involving negligence, standard of care, causation, and hindsight. Background On 29 January 1972, Albertan newspapers including the Edmonton Journal and the Red Deer Advocate reported that a young boy had sustained serious injuries following a car crash south of Red Deer the previous day (28 January 1972). The following week the Lacombe Globe reported on the incident as well. Four years later when the injuries were addressed in court, the multi-vehicle collision was described in more detail. An initial collision between two vehicles in a whiteout area led both drivers to stop southbound on Alberta Highway 2. When a third vehicle driven by plaintiff Gerhardus Kuipers approached the site of the collision, it was forced to stop. A semi-trailer truck operated by Gordon Riley Transport subsequently entered the whiteout area and violently struck Kuipers' vehicle from the rear. Other co ...
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Samuel Sereth Lieberman
Samuel Sereth Lieberman was a Canadian judge. Lieberman was the first Jewish judge in the province of Alberta. He was inducted into the Alberta Order of Excellence in 2006. History Samuel Sereth Lieberman was born in 1922 in Edmonton, Alberta. He flew as a coastal command pilot for the Royal Canadian Air Force during World War II. Samuel Sereth Lieberman graduated from the University of Alberta Faculty of Law in 1948. In 1961, Lieberman was named to the Queen's Counsel. Lieberman was first appointed as a judge in 1970 and in 1976, Lieberman became a judge in the Alberta Court of Appeal The Court of Appeal of Alberta (frequently referred to as Alberta Court of Appeal or ABCA) is a Canadian appellate court. Jurisdiction and hierarchy within Canadian courts The court is the highest in Alberta, Canada. It hears appeals from the .... Lieberman served as a Deputy Judge of the Supreme Court of Northwest Territories in 1983. Lieberman died on September 19, 2012. Notable tri ...
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List Of Supreme Court Of Canada Cases (Laskin Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from the appointment of Bora Laskin in 1973 as Chief Justice to his death in office in 1984. Laskin was the first Chief Justice to hear cases under the Charter of Rights and Freedoms implemented in 1982. 19731974 19751979 19801984 See also * List of Judicial Committee of the Privy Council cases * List of notable Canadian Courts of Appeals cases A select number of decisions from the Courts of Appeal have proven to be the leading case law in a number of fields and have subsequently been adopted across all provinces, or else they are famous decisions in their own right. Most frequently the ... {{Supreme Court of Canada (1973-1984) ...
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Canadian Tort Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from t ...
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1978 In Canadian Case Law
Events January * January 1 – Air India Flight 855, a Boeing 747 passenger jet, crashes off the coast of Bombay, killing 213. * January 5 – Bülent Ecevit, of Republican People's Party, CHP, forms the new government of Turkey (42nd government). * January 6 – The Holy Crown of Hungary (also known as Stephen of Hungary Crown) is returned to Hungary from the United States, where it was held since World War II. * January 10 – Pedro Joaquín Chamorro Cardenal, a critic of the Nicaraguan government, is assassinated; riots erupt against Anastasio Somoza Debayle, Somoza's government. * January 18 – The European Court of Human Rights finds the British government guilty of mistreating prisoners in Northern Ireland, but not guilty of torture. * January 22 – Ethiopia declares the ambassador of West Germany ''persona non grata''. * January 24 ** Soviet Union, Soviet satellite Kosmos 954 burns up in Earth's atmosphere, scattering debris over Canada's Northwest Territories. ** ...
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