Focus On

Personal Injury


Friday, July 03, 2020 @ 11:57 AM

Steering clients correctly: Guide for dealing with spike in roadside legal problems Coplight

In Toronto alone, between March 23 and the first week of May, police reported a 594 per cent increase in stunt driving offences, the most infamous being the individual doing doughnuts in a black Ford Mustang in the middle of what is empirically Canada’s busiest intersection; Yonge and Dundas. During the Easter weekend, Vancouver police released footage of a vehicle being towed after clocking 93 kilometres per hour in a 30 zone. ... [read more]

Thursday, July 02, 2020 @ 12:15 PM

Ontario ombudsman report highlights ‘appalling’ jail conditions, COVID-19 complaints Paul Dubé sm

Hailing the past 12 months as a “year like no other,” the Ontario ombudsman has released a fiscal 2019-20 report that highlights, among other things, his office’s handling of more than 800 COVID-19-related complaints and inquiries, about 600 Landlord and Tenant Board complaints and a record number of complaints about Ontario correctional facilities — more than 6,000. ... [read more]

Thursday, July 02, 2020 @ 11:57 AM

Unanswered questions about future highway traffic law Coplight

The law surrounding driving will continue to change as it always has. As technology and the use of vehicles has changed, so too has the law regulating it. Early cars lacked safety features but also lacked the ability to travel at the speeds we do now. Increased safety features have reduced injury and deaths relating to motor vehicle accidents significantly. However, there is also increasing use of technology in cars such as cell phones which can lead to distraction and greater risk-taking behaviour. ... [read more]

Tuesday, June 30, 2020 @ 2:24 PM

Settling personal injury cases in age of the pandemic | Andrew Murray

When the COVID-19 pandemic first hit in Ontario I sent an e-mail of encouragement to the members of my own practice group — plaintiff personal injury — which I also shared with my colleagues in the insurance defence group. Even at the beginning of the pandemic, my sense was that we should be looking for a common path forward. ... [read more]

Tuesday, June 30, 2020 @ 2:11 PM

Ontario announces task force to tackle criminal activity in tow truck industry

Insurance industry and road safety advocates are commending the Ontario government’s plans to launch a task force to improve provincial oversight of the towing industry. The government of Premier Doug Ford announced the initiative at a June 29 news conference featuring Ford, Deputy Premier and Minister of Health Christine Elliott, Minister of Transportation Caroline Mulroney and Solicitor General Sylvia Jones. ... [read more]

Tuesday, June 30, 2020 @ 12:12 PM

Tips for safe, legal videoconferencing Maskwearingcomputeruser.jpg

Due to COVID-19 and social distancing, we now have no better alternative to videoconferencing. It has essentially become the new default for meetings, but this has brought about a very serious question as to whether Zoom or other videoconferences are safe for lawyers, doctors, government organizations and others to use.  ... [read more]

Tuesday, June 30, 2020 @ 9:23 AM

Joint liability under Ontario Policy Change Form 44R: Third party’s policy ‘available’ Smashed car

In Tuffnail v. Meekes 2020 ONCA 340, the Court of Appeal addresses issues related to underinsured automobile coverage. The court interprets s. 7 of the Ontario Policy Change Form 44R — Family Protection Coverage (OPCF 44R) endorsement. ... [read more]

Friday, June 26, 2020 @ 2:46 PM

Victory in court for assault victim, but can they collect on $6-million judgment? Hand holding dollars

On May 27, in the case of Mus v. Kozakowski [2020] S.J. No. 213, the Saskatchewan Court of Queen’s Bench awarded Robert Mus more than $6.7 million in damages after sustaining a serious brain injury as a result of a brutal attack. ... [read more]

Friday, June 26, 2020 @ 12:47 PM

Caution urged before releasing prisoners with dementia Elderinhandcuffs

Seven years ago, a B.C. judge sentenced a 63-year-old man with dementia to jail because there was no suitable place for him to live in the community (R. v. McPherson [2013] B.C.J. No. 2127). He required housing in a secure facility capable of handling dementia patients who posed a risk for violence and other inappropriate conduct, but at the time, such a placement was unavailable. Jail was the only alternative. ... [read more]

Friday, June 26, 2020 @ 9:11 AM

Remote hearings, examination of witnesses: Best practices online_courtroom_sm

With the adoption of remote hearings by the courts in this pandemic, concern has been expressed as to due process issues, particularly regarding the remote examination of witnesses. In the seminal case of Arconti v. Smith 2020 ONSC 2782 for example, the plaintiffs objected to the remote examination for discovery of a defendant because “the plaintiffs do not trust the defendants not to engage in sleight of hand to abuse the process,” among other reasons. ... [read more]