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Personal Injury

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Wednesday, June 29, 2022 @ 6:01 AM

FATAL INJURIES - Claim by estate - Pain and suffering - Third party claims - Recoverable losses

Action by the Estate for damages for medical malpractice. In 2015, Mary underwent a laparoscopy for a suspected small bowel obstruction. During the operation the surgeon noticed evidence suggestive of cancer in Mary’s abdomen. Further testing following surgery revealed that Mary had metastatic adenocarcinoma of the appendix. She died of cancer in 2016 at age 45, leaving behind a spouse and two grandchildren in their care. ... [read more]

Tuesday, June 28, 2022 @ 4:48 PM

LSO issues call for comment on mandatory succession planning for licensees in private practice Jacqueline Horvat, LSO treasurer

The Law Society of Ontario (LSO) has amended commentary to the Rules of Professional Conduct to “provide licensees with guidance in respect of their obligations relating to technological competence” and has issued a call for comment on implementing a “mandatory succession planning requirement for licensees in private practice.” ... [read more]

Monday, June 27, 2022 @ 5:09 PM

Ontario jury gives $1.5 million in largest known punitive damages award on record

A Toronto jury has given what is believed to be the largest punitive damages award to an individual plaintiff in Canada ever, following a five-week trial in the Ontario Superior Court of Justice. ... [read more]

Monday, June 27, 2022 @ 9:35 AM

TYPES OF DAMAGES - For personal injuries - Aggravation of pre-existing injury - Loss of earning capacity

Action by Rattan for damages for personal injuries sustained in a motor vehicle accident. On August 25, 2017, Rattan was a front seat passenger in a vehicle driven by her son. As they drove through an intersection, their vehicle was struck on the driver’s side by a car turning left. The impact pushed their vehicle into the merge lane, where it was struck by another vehicle. ... [read more]

Monday, June 27, 2022 @ 8:05 AM

Amber and Johnny and Z | Gabriel Latner

I wish I could say I kept my nose entirely out of the Amber Heard/Johnny Depp saga, but that would be a lie. The combination of star power and apparently incompetent lawyering is irresistible, and so I found myself chuckling along to some of the choice video clips that did the rounds online. ... [read more]

Friday, June 24, 2022 @ 4:57 PM

Ontario Superior Court dismisses strip club’s motion to strike out third-party claim

The Ontario Superior Court has refused to strike out a third-party claim by a co-defendant against a London, Ont., tavern and strip club in a slip and fall case that concerned landlord liability. ... [read more]

Friday, June 24, 2022 @ 4:44 PM

Parliament passes self-induced extreme intoxication and budget bills before rising for summer David Lametti

Before MPs fled Ottawa for the summer, the minority Liberal government managed to enact its multipronged 2022 omnibus budget bill, as well as a new Criminal Code amendment that restricts the use of the self-induced extreme intoxication defence in prosecutions for violent crimes. ... [read more]

Friday, June 24, 2022 @ 2:57 PM

Who is most at fault? Apportionment of liability in Steinlauf v. Deol Car and truck collision

Many motor vehicle collisions take place at intersections. According to the Canadian Association of Chiefs of Police in May 2020, 30 per cent of collision fatalities and 40 per cent of serious injuries occur at intersections. At an intersection drivers can make right or left turns, which if not done with due care, may result in collisions. In Ontario in 2020, the Ministry of Transportation reported a total of 21,889 collisions involving a turning movement. ... [read more]

Friday, June 24, 2022 @ 9:17 AM

Confessions of a possible juror, part two | Joan Rataic-Lang

If you read my first article you know that I received a jury summons. I was torn between my responsibility as a citizen vs. the challenges of work and potentially missing some of my planned vacation while sitting on a jury. I know the altruist in all of us would say, absolutely if given the chance you must appear on a jury, but let’s be real. It’s easy to justify why the inconvenience should not apply to me. ... [read more]

Thursday, June 23, 2022 @ 5:44 PM

SCC sheds new light on test, evidence required for public interest standing in court challenges Michael Feder

Litigants seeking public interest standing to challenge constitutionally suspect laws do not need co‑plaintiffs directly affected by those laws in order to proceed with the litigation, the Supreme Court of Canada has ruled in a 9-0 judgment which sheds new light on the decade-old Downtown Eastside legal test and its evidentiary requirements for attaining public interest standing. ... [read more]