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JADEO News, Finance and The Law 1 week ago / Toronto, Ontario


Cannabis Consumption, Contributory Negligence and Liability Considerations for Occupiers and Social and Commercial Hosts in Ontario

By: Samantha Posluns, Associate Lawyer, Falconeri Rumble Harrison LLP

The legalization of cannabis in Canada has reshaped the landscape of socializing. In the past, the legal repercussions and stigma attached to cannabis consumption led many individuals to limit their use and enjoyment of cannabis to private spaces. With the dissolution of these sanctions, Canadian cannabis consumers are moving out of the shadows and many who have never tried cannabis are experimenting with it for medical and recreational purposes. This article will explore the risk that cannabis intoxication carries for cannabis consumers, occupiers and social and commercial hosts.

While not true for all strains, many types of cannabis have an intoxicating effect which can include changes to perception, balance and the senses. This inherently creates a heightened risk for accidents that can result in personal injuries and subsequent litigation. As cannabis consumption and intoxication becomes more acceptable at social gatherings and in both public and private spaces, occupiers, owners, and hosts of these venues face new forms of potential liability.

Contributory Negligence

An individual who has sustained personal injuries in an accident that occurred on a premises owned/occupied by someone other than themselves or at the function of a social or commercial host may decide to commence a lawsuit to recover monetary compensation for the pain and suffering, medical expenses, income loss and other types of damages that they have incurred as a result of their injuries arising from this accident.

In these situations, the potential culpability of the owner/occupier/host flows from the positive obligation imparted on them by the duty of care prescribed by the applicable legislation. This duty of care, however, is tempered by Ontario’s Negligence Act, R.S.O. 1990, C. N.1, which seeks to limit the liability of a defendant to the extent that the plaintiff’s actions contributed to their injuries. Section 3 of the Negligence Act states that in any action for damages that is founded upon the fault or negligence of the defendant, if any fault or negligence is found on the part of the plaintiff that contributed to their damages, the court shall apportion the damages in proportion to the degree of fault or negligence found against that plaintiff.

Ontario Courts have widely recognized intoxication as a form of contributory negligence however the existing case law generally deals with intoxication by way of alcohol consumption. As a result of legalization, there is likely to be an increase in findings of contributory negligence due to cannabis intoxication. This poses new considerations for potential plaintiffs and defendants alike.

Owners and Occupiers

Ontario’s Occupiers’ Liability Act, R.S.O. 1990, c.0.2 is the provincial legislation that governs an occupiers’ duty of care to ensure the safety of persons on their premises. The Negligence Act defines an occupier as a person who is in physical possession of a premises or a person who has responsibility for and control over the condition of the premises, the activities carried on there, or control over persons allowed to enter the premises. This Act applies to owners/occupiers of public and private premises and generally subsumes the below categories of social and commercial hosts.

Liability Considerations for Social Hosts

In a legal context, the term ‘social host’ generally refers to anyone hosting a social gathering, including private individuals, employers, and organizations. With respect to personal injuries sustained by guests, a social host may be vulnerable to a liability claim when the foreseeability of harm is present and other aspects of the relationship between the injured person and the host create a special link or proximity.

Although social hosts do not face the same heightened duty of care as commercial hosts, they may still be found liable where they knew or ought to have known of their guest’s impairment and/or encouraged it.

While the signs of cannabis intoxication may not be as overt as those of alcohol, if you plan on hosting a social gathering, be aware of the behavior of your guests and the amount of cannabis that they are consuming. If you witness one of your guests displaying significant signs of impairment, you might want to cut off their cannabis consumption, provide them with water or sit them down in a safe area until they sober up. Additionally, you can minimize the risk of accidents by ensuring that your premises is tidy and free from obstructions that may cause guests to trip or fall.

Liability Considerations for Commercial Hosts

Commercial hosts can be defined as vendors who are in the business of providing goods, such as alcohol, for profit. In Ontario, these vendors are regulated by the Liquor License Act R.S.O. 1990 c. L.19. Section 29 of this Act makes the sale or supply of liquor to any person appearing to be intoxicated illegal. As commercial hosts are statutorily regulated, there is a higher duty of care on them to ensure not only the safety of patrons, but that of the general public.

Since the federal Cannabis Act prohibits organizations (including most types of businesses and trade unions) from possessing cannabis, there are not likely to be many cases of commercial host liability related to cannabis consumption alone. Despite this, those venues subject to the Liquor License Act will need to be aware of patrons intoxicated by a combination of cannabis and alcohol. In certain instances, cannabis intoxication can magnify the effects of alcohol and if this results in a patron accident, commercial hosts face the risk of liability.

Liability Considerations for Cannabis Consumers

If you plan to consume cannabis (for either medical or recreational purposes), it is important to consider how your body may react and the environment that you are in. Cannabis produces different effects depending on the strain, THC concentration, and the way it is ingested. These effects are further modified by individual differences such as tolerance and other substances or medications you might be taking at that time.

To ensure your personal safety, do your research. This may entail speaking at length with your medical provider or cannabis retailer so they can provide you with information regarding the physical and psychological effects of the cannabis you plan to consume. Once you know how you will react, you can make informed decisions about the environments you choose to put yourself in while consuming cannabis. For example, if consuming certain cannabis products affects your balance or vision, you can make plans ahead of time to steer clear of large public gatherings or crowded places where there is a heightened risk of injury due to these impairments.


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JADEO Medical Cannabis 1 week ago / Toronto, Ontario


5 Ways Cannabis Is Being Used In The Field Of Mental Health

Is Cannabis Just a Hot Trend Or The Real Deal?

Cannabis is more than a trend. This tiny green plant continues to amaze the world and to be studied and tested as we explore its potential to treat a variety of mental health issues. While more extensive research is needed on how cannabis effects those suffering from mental health conditions, the results coming from some initial testing and case studies have been very promising.

The research on cannabis’s effect on mental health is leading some scientists to call for the allowance of CBD (cannabidiol) in various treatments. Many forward-thinking researchers want to see laws passed that allow CBD to be used for mental health treatment in the same way that it is currently used to treat epilepsy and the accompanying seizures experienced by those with the condition.

Let's have a look at the top trends we are seeing in the study of cannabis and how cannabis may be used to treat various mental health symptoms and diseases.

1. Cannabis and the Treatment of PTSD

Many veterans are currently using cannabis to help them deal with the symptoms that come with PTSD (Post-Traumatic Stress Disorder) after returning home from service. Several states currently approve of medically prescribed cannabis as a way to treat PTSD as a specific mental health condition. While the studies of using cannabis for PTSD are not extensive, many veterans in states where it is legal are using the substance to help them cope with symptoms, including nightmares and flashbacks, that often accompany PTSD.

2. CBD and Social Anxiety

A study published in 2011 stated that there is evidence that CBD could help those who suffer from social anxiety. Participants in the study reported that they felt more at ease in social situations, such as meeting new people or speaking in public, when they were able to take limited, evenly-timed doses of CBD rather than those who did not have access to cannabis. More studies need to be done to see if these findings are substantiated.

3. CBD May Reduce General Anxiety & Panic Attacks

Many people who experience consistent anxiety and those who have panic attacks are beginning to use controlled doses of CBD to help alleviate their symptoms. CBD is believed to have an impact on brain chemistry by suppressing the hormone THC which causes anxiety and can, therefore, stimulate panic attacks. Many people who suffer from these conditions have reported that CBD eases their symptoms, including shortness of breath, chest pains, and cognitive impairments.

4. CBD and the Treatment of Obsessive Compulsive Disorder (OCD)

People with OCD who regularly take small, controlled doses of CBD report feeling more relaxed and less likely to repeat obsessive behaviours. While many individuals in states with legalized cannabis report these symptoms and some of the results for these individuals have been promising, these claims are not yet substantiated by medical research. Studies have been produced that show a decrease in OCD-related behaviour in rats and mice, although no human testing has been done at this time.

5. CBD Is Showing Promise To Help Those With Schizophrenia

Research is showing that there may be some substantiated claims that CBD can be used to improve the symptoms of people living with schizophrenia. Those who tried using cannabis to help control symptoms experienced fewer hallucinations and/or delusions, less difficulty thinking/concentrating, and more motivation in their daily lives.

While this research is promising, more studies are needed to determine if CBD can be used as a treatment to help a majority of those with schizophrenia disorder.

While many of these positive correlations between the use of cannabis and improved mental health show potential, far more research needs to be done before cannabis, and more specifically CBD, is accepted in the treatment of mental health conditions. As the number of studies increase, it will be determined if these findings are substantiated to recommend cannabis as a mainstream treatment for mental health conditions.

It is important to note, that the laws for purchase and consumption methods of cannabis, including CBD, vary per country and state/province. Always ensure you know and respect the law and others.

Remember to always consult your doctor before beginning any type of wellness treatment.

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Stay informed. Stay connected.
#WeAreJadeo

Related comments

  • From Sativasky

    I’ll be open about this, I use it to treat some mild depression from time to time, and it really gets that weight off my shoulders and let’s me relax and think about all the good that is happening in my life ❤️

Janelle Simone Consumption & Accessories 1 week ago / Scarborough, Ontario

So, I just discovered there's a legal dispensary in the East End (Toronto)...yay! Smok opened its doors at the end of May and is located in Ajax. So good news for those of us who live in the East GTA. Has anybody been? Is anybody familiar with the brand? I think I'm going to check it out this week.

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Cannabis Wiki Strains & Growing 1 week ago / London, Ontario


How to build a space bucket

A space bucket grow is a method for growing cannabis in large containers conveniently taking up little space and requiring few materials to set up. Space buckets are also low cost, potentially costing less then $80 to setup. Follow the link below to learn how to set one up easily.


Read the full guide and more at Cannabis.Wiki.

Related comments

  • From Burge

    This is super cool!

    • From Sativasky

      Agreed

  • From Brianne Campbell

    Holy!! Need to try this!

Cannabis Wiki Strains & Growing 2 weeks ago / London, Ontario


How to build the ultimate grow room

For a lot of people, growing is the only way they can afford to maintain the amount of marijuana they need. Before starting you may wonder how much money it take to build one and the most important steps to take. Follow this comprehensive guide to get a good idea of where to start.

Read the full guide at Cannabis.Wiki.

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Janelle Simone CBD 2 weeks ago / Scarborough, Ontario

I started attending an outdoor bootcamp recently, which left me absolutely sore after. I remembered a lot of the chatter on here about CBD. We have a family friend who is developing a line of CBD products to bring to market soon and I tried the rub for sore joints and muscles. Man, I was amazed at the power of CBD. I had never tried it like this before and was pleasantly surprised at how quickly and effectively it helped with my muscle recovery. I see what all the hype is about!

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  • From Burge

    Some people have actually been starting to rub their oils on the muscle directly, I’ve heard mixed things about this working. But thought I’d let you know!

    • From Sativasky

      Like the actual oil? Or a topical rub with the oil infused? I’ve never heard about people rubbing their oil on them. That’s kinda messy..lol

JADEO CannaBasics 2 weeks ago / Toronto, Ontario


{VIDEO} Is It Safer To Smoke Weed Than Smoke Cigarettes?

We take a quick look at the difference between smoking cannabis and smoking cigarettes.

Check out the full article at: https://cannabis.wiki/cannabis...


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The views and opinions expressed in this video are of the presenter and do not necessarily reflect the official policies or positions of JADEO.

JADEO makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability with respect to any content contained within the video.

JADEO urges you to consult with a qualified physician for consultation, diagnosis and/or treatment plans with respect to your medical condition(s) and/or wellness goals.

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Stay informed. Stay connected.
#WeAreJadeo


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  • From Burge

    Sweet video

JADEO Medical Cannabis 2 weeks ago / Toronto, Ontario


How To Talk To Your Doctor About Cannabis

Despite the fact that medicinal cannabis is legal in Canada, it can be a bit unnerving to talk to a doctor about cannabis treatments. First of all, some people still associate smoking cannabis with a negative stereotype, fuelled by misinformation and flat-out lies. The truth is, cannabis is used as an effective treatment for a wide variety of ailments from chronic pain to PTSD, many times replacing pharmaceuticals. Increasingly, medical professionals are endorsing its use and even recommend it to their patients when other options don't work. If you're considering cannabis treatments for a medical condition and you're nervous about talking to your doctor, relax. Here are a few tips that will help you get the conversation started so you can get the medicine you need.

Do Your Research

First of all, if you're not in Canada you'll want to know whether you're a resident of a medical cannabis state, or if you're barking up the wrong tree. If you're in one of the legal states, you will need to know if your condition qualifies for the medical marijuana program. For most states and in Canada, it's possible to get a medical marijuana card for certain cancers, chronic pain, and increasingly for depression, PTSD and a variety of other conditions and ailments. Keep in mind that some states allow physicians to approve cannabis use for medical conditions that aren't listed, on a case-by-case basis, so even if yours isn't listed, don't be discouraged.

Be Completely Honest

When you speak to your doctor, everything that is said between you is confidential, so be honest about your interest in cannabis treatments. If you're already consuming cannabis to help you with an illness, pain, or other issues, say so. Explain why you believe that cannabis is a viable treatment option for you, based on your own experience and research. Print out studies, and other information that you believe supports your reasoning and take it to the appointment with you. Be ready to answer questions about the frequency of your consumption, how it helps your condition, and whether you've experienced any unwanted side-effects.

Ask Lots of Questions

There are no dumb questions, especially when it comes to your personal health and well-being. If you're new to cannabis use, you may not realize that there are potential side-effects that some people encounter, so ask your doctor. Make sure you understand exactly what the risks are for you, depending on your age, other medications you're taking and your overall health. It's also a good idea to discuss how you will be consuming your cannabis. Will you be smoking, vaping or eating it? What are the potential benefits of each type of consumption and what method does the doctor recommend? If you've experimented, you'll likely have a preference, but it's always good to get a second opinion.

Don't Try To Force It

The truth is, not all medical doctors support the use of cannabis as a treatment for any diseases or conditions. This may be because of their religious beliefs, political affiliations, or personal opinions. If you're noting resistance from your doctor with regards to medical cannabis, this can be the perfect opportunity to educate them about its benefits. That being said, it can be difficult to change someone's mind, especially when they have long-held beliefs about the dangers of cannabis. If you're in this situation, remember that you do have choices and if you're not getting the cooperation you desire, it may be time to find a new doctor that's more open to alternative options for health care.

The truth is, many doctors already know that the plant offers a great deal of promise for treating a wide variety of illnesses and medical conditions. For a lot of doctors, their reservations when it comes to prescribing medicinal cannabis stem not from a lack of belief in its effectiveness, but from the scarcity of in-depth research and long-term studies on the effects and as well as how to prescribe the proper dosage. If you're considering cannabis as a treatment option, take the time to do your research, so you're prepared to ask your doctor the questions that matter most to you. If your doctor isn't agreeable, don't think you don't have a choice, you can always change doctors. It is, after all, your health and you should absolutely be in control.

Planning to discuss cannabis with your doctor? Here are 3 questions to get the conversation started.

  • Is cannabis a viable treatment for my condition?
  • Would using cannabis affect any of my other medications?
  • Are there any potential side effects?

It is important to note, that the laws for purchase and consumption methods of cannabis, including CBD, vary per country and state/province. Always ensure you know and respect the law and others.

Remember to always consult your doctor before beginning any type of wellness treatment.


Stay informed. Stay Connected.
#WeAreJadeo

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JADEO 2 weeks ago / Toronto, Ontario

Happy Canada Day!

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Related comments

  • From Janelle Simone

    Happy Canada Day!

  • From Burge

    Better late than never! Happy Canada Day

Cannabis Wiki Strains & Growing 2 weeks ago / London, Ontario


Is it possible to make a male cannabis plant female?

The difference between male and female plants is a distinction you should definitely know if you're considering growing cannabis plants. One of the biggest problems with cannabis seeds is when you get a batch of male seeds, which if grown will contaminate an entire female crop. Though it is possible to turn female plants into male ones.


Check out the full guide at Cannabis.Wiki!

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Cannabis Wiki Strains & Growing 3 weeks ago / London, Ontario


How to grow a small marijuana plant in your room

If you're interested in growing a very small number of cannabis plants, even just one plant, there's still a a few things you should know. Growing quality cannabis can be tough, even for experienced growers, unless you control for the basics of light, environment, soil and genetics.


To read the full guide and more go to Cannabis.Wiki.

Related comments

  • From BahaqueenM

    I needed this, thanks!

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Janelle Simone News, Finance and The Law 3 weeks ago / Scarborough, Ontario

Not surprised at all! The in-store experience is a lot easier to navigate than the online OCS store. https://globalnews.ca/news/5424432/ontario-cannabis-sales-stores-open/

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Ontario cannabis sales more than doubled after stores started to open

Global News

Legal cannabis sales more than doubled in Ontario in April, after stores started to open, data released Friday by Statistics Canada shows. Ontario was the only province to only offer online cannabis sales until April 1, when a handful of stores opened. Under the online system, sales ranged between $7 million and $8 million a month.

https://globalnews.ca/news/5424432/ontario-cannabis-sal...

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