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Personal Injury

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Tuesday, May 14, 2019 @ 3:17 PM

Securing accurate, fair outcomes in CAT designation process for children Medcharts_sm.jpg

In my previous five articles I showed that when you take a modern approach to statutory interpretation, the Superintendent’s Guideline No. 01/16 interpretation of s. 3.1(5)i of the Statutory Accident Benefit Schedule (SABS 34/10), doesn’t harmoniously coincide with the objectives and scheme of the Insurance Act, and the intention of Parliament. ... [read more]

Monday, May 13, 2019 @ 12:22 PM

Use of sketches in discovery upheld by Appeal Court Karen_Bennett-Clayton_sm

A Nova Scotia appeal decision in an ongoing civil action involving a three-way car crash has “solidified” the long-standing practice of lawyers having witnesses sketch scenes during pretrial discovery hearings. ... [read more]

Thursday, May 09, 2019 @ 1:40 PM

Other side of the bridge: Another approach to child’s catastrophic impairment medcharts

In this article, I’ll show how the objectives and purposes of Ontario’s Bill 251/15 can be used as an interpretive aid in applying s. 3.1(5)i of the Statutory Accident Benefit Schedule (SABS 34/10). ... [read more]

Thursday, May 09, 2019 @ 9:41 AM

B.C.’s proposed labour changes positive step for employees: lawyers Fred Wynne, HHBG Lawyers

The B.C. government is seeking to significantly overhaul provincial legislation on employment standards and labour rules, changes lawyers are saying will have a positive effect on the employer-employee relationship in the province going forward. ... [read more]

Tuesday, May 07, 2019 @ 8:37 AM

Genetic testing, ancestry search red flags | Darryl Singer

There are lots of ads lately for companies like 23 and Me, which promises that by sending them a sample of saliva, they can test for genetic markers which might tell you about potential for latent illnesses which may never come to pass. These companies also offer ancestral tracing for those who hope they will find out they are part of some noble bloodline. ... [read more]

Monday, May 06, 2019 @ 11:16 AM

How Ford makes crime victim compensation easier | Sam Goldstein

Premier Ford’s government is taking a lot of criticism for changes to the justice sector. The recent Ontario budget announced a 30 per cent reduction in Legal Aid Ontario (LAO) funding and eliminated certificates for refugee hearings altogether. A Toronto Star headline claimed victims of crime are about to be stiffed in compensation by the Ontario budget; and, the CBC proclaimed that the Ontario Progressive Conservatives were immunizing themselves from civil liability with proposed changes to the Proceedings Against Crown Act (PACA). ... [read more]

Friday, May 03, 2019 @ 12:39 PM

Migrant workers fight back through courts, law reform advocacy silhouettefarmer_jpg

Migrant workers Maila Ceguerra, Lourdes dela Pena, Jesse Veneranda and Marisol Bobadilla have filed an Ontario small claims court action against recruitment agency Link4Staff Inc and their former employer Sharon Mushroom Farm. In addition to this civil action, Laxman Marsonia, the farm owner, faces human trafficking and misrepresentation-related charges under the Immigration and Refugee Protection Act. ... [read more]

Thursday, May 02, 2019 @ 2:45 PM

Making autonomous cars trustworthy Wi-ficars

Self-driving cars have finally made the jump from science fiction to reality. ... [read more]

Wednesday, May 01, 2019 @ 8:15 AM

TYPES OF DAMAGES - For personal injuries - Loss of earning capacity

Appeal by the defendants from the award of damages in a personal injury action. ... [read more]

Tuesday, April 30, 2019 @ 2:01 PM

Interpretative aid for dealing with catastrophic impairment discrimination medcontract.jpg

In my previous articles I outlined problems with the use of the June 2016, Catastrophic Impairment — Public Hospitals Guideline, Superintendent’s Guideline No. 01/16 as an interpretative aid to s. 3.1(5)i of the Statutory Accidents Benefits Schedule (SABS 34/10), which would lead to inconsistent outcomes in the catastrophic impairment (CAT) designation process. ... [read more]