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Personal Injury

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Tuesday, November 20, 2018 @ 1:28 PM

Wellness: Three ways to deal with closing of pro bono centres | by Darryl Singer

Of late, there have been two major stories in both the mainstream media and the legal press which warn of additional stress to litigants in the Ontario justice system. The stories were about: (i) the closure of three Law Help Ontario centres run by Pro Bono Law Ontario (PBLO); and (ii) a Toronto judge in charge of the large criminal trials list taking the rare step of speaking publicly about how the delay of the federal government in filling judicial vacancies is causing a strain on the criminal system. ... [read more]

Tuesday, November 13, 2018 @ 10:52 AM

Duty of care does not end when drunk driver returns home: Ontario Court of Appeal Patrick Brown sm

The Ontario Court of Appeal has ordered a trial to determine duty of care in a social host liability case that left one man dead and his children, allegedly, injured. The decision, counsel said, highlights the spectrum of responsibility that can transform a social gathering into an invitation to an inherent and obvious risk. ... [read more]

Tuesday, November 13, 2018 @ 9:02 AM

Valuing a privately held corporation: Normalization adjustments business_value_sm

When valuing a privately held business, there are several valuation approaches and techniques which Chartered Business Valuators (CBV) may use to determine a company’s value. One such method used is the income-based approach, which looks at a company’s earnings or cash flows. ... [read more]

Tuesday, November 13, 2018 @ 8:32 AM

TYPES OF DAMAGES - For personal injuries - Expenses and expenditures

Appeal by the defendant from trial judgment awarding the respondent $100,000 for non pecuniary damages, $100,000 for loss of earning capacity and cost of future care for cognitive behavioural therapy and attendance at a diet clinic as a result of a 2013 motor vehicle accident. ... [read more]

Monday, November 12, 2018 @ 2:25 PM

How fluoridation runs counter to usual health law perfect tooth

I recently lectured on the topic of consent and capacity to my class at York University. I explained to my students that a person who is mentally “capable” is permitted to consent — or refuse to consent — to virtually any treatment. One of my students approached me at the end of lecture with an interesting thought. “What about fluoride?” she asked. ... [read more]

Friday, November 09, 2018 @ 8:22 AM

Cyberbullying, Norwich orders and the NHL star’s wife smartphone_info_sm

In Caryk v. Karlsson 2018 ONSC 5739, the Ontario Superior Court of Justice refused to compel Erik Karlsson’s wife to turn over evidence relating to allegations that she was cyberbullied by the partner of one of her husband’s former teammates. In doing so, Justice Anne Mullins provided an overview of the Norwich order remedy and determined that the interests of justice would not be well served by granting this type of relief. The decision confirms that Norwich orders are extraordinary remedies that may even be refused in cases involving allegations of cyberbullying. ... [read more]

Thursday, November 08, 2018 @ 8:32 AM

LIABILITY OF MUNICIPALITY - Property maintenance and operation - Highways

Appeal by the defendants H and the City from trial judgment finding them each 25 per cent liable for a motor vehicle accident. ... [read more]

Tuesday, November 06, 2018 @ 5:42 PM - Last Updated: Wednesday, November 07, 2018 @ 11:29 AM

Judicial council says judge was ‘ill-advised’ and violated rules by acting as Lakehead University’s interim law dean Brian Gover

In a decision expected to be challenged in Federal Court, the Canadian Judicial Council (CJC) has decided that Ontario Superior Court Justice Patrick Smith breached his obligations to devote himself solely to his judicial duties, and to stay out of public and potential legal controversy, when he took a leave of absence formally approved by his chief justice to act pro bono as interim dean of Lakehead University’s struggling new law school. ... [read more]

Tuesday, November 06, 2018 @ 1:49 PM

Take off blinkers and ban exploitive horse drawn carriages | Victoria Shroff

Riding in horse drawn carriages used to be common 100-plus years ago in Canada. Times change. Knowledge grows. Using horses to pull carriages is seriously antiquated and should be relegated to the past. ... [read more]

Wednesday, October 31, 2018 @ 11:49 AM

The new impaired driving provisions: Another defence tactic bites the dust carbeer.jpg

Lawyers familiar with impaired driving law are aware of how much more difficult it has become to successfully defend a client over the last 10 years. The “golden age” of impaired driving defences has passed due to jurisprudential and statutory changes to the law. Shifts in the jurisprudence have reduced the availability of arguments based on highly technical legal applications of the law, such as the timing of breath samples, the use or descriptions of testing devices and the police officer’s subjective/objective basis for making breath sample demands. ... [read more]