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The court found the February 29, 2016 Costco parking lot accident caused the plaintiff’s ongoing physical and psychological injuries, rejected apportionment to a later accident, and awarded $583,345 in damages.
The Court held that the Minister failed to discharge the burden of proof on every allegation: the speech, when analyzed in context and as a whole, did not amount in Canadian law to incitement to murder, hatred or genocide nor did it meet the criteria for a crime against humanity (no evidence it was part of a widespread or systematic attack or motivated by discriminatory intent); the ICI report's specific conclusions about Mugesera were unreliable and could not sustain the Minister's case; therefore the Appeal Division's decision was set aside and the matter referred back to be disposed on the…
Source excerpt
The court assessed damages after a motor vehicle accident caused permanent shoulder injury, awarding Soligo $1,133,000 for pain, lost earning capacity, future care and in-trust claims.
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