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Personal Injury

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Thursday, February 28, 2019 @ 1:37 PM

Insurance coverage for designated driver services Carbottle

A recent article brought to light an allegedly unfair result after a driver employed by a designated driver service caused damage to an owner’s vehicle. ... [read more]

Thursday, February 28, 2019 @ 10:27 AM

Ex-AG alleges PM, senior officials tried to ‘politically interfere’ in SNC case; Trudeau ‘completely disagrees’ Jody Wilson-Raybould

In an accusation strenuously denied by Prime Minister Justin Trudeau, Jody Wilson-Raybould alleged that before he removed her as attorney general of Canada last month, she and her then-chief of staff experienced sustained “very inappropriate” political interference and escalating “extraordinary” pressure from senior government officials, including the prime minister and Clerk of the Privy Council Michael Wernick, to reverse her decision last fall not to shelve the criminal bribery prosecution of Montreal-based construction giant SNC-Lavalin in favour of a negotiated deferred prosecution agreement (DPA). ... [read more]

Friday, February 15, 2019 @ 9:08 AM

‘Symptoms and effects’ needed for mental stress claim, rules Saskatchewan Appeal Court Tom_Engel_sm

Saskatchewan’s Appeal Court has shown one does not need something as official as a psychiatric diagnosis to successfully claim damages for mental suffering, said a lawyer in a case involving a “bone-chilling” phone call from one brother to another. ... [read more]

Thursday, February 14, 2019 @ 1:06 PM

B.C. trial lawyers raise concerns about auto insurance settlement policy Ron Nairne, president, Trial Lawyers Association of British Columbia (TLABC)

The Trial Lawyers Association of B.C. (TLABC) is raising concerns the case settlement policy of the provincially owned auto insurer will lead to an increase in the number of trials and hamper people’s ability to receive proper settlements for their claims. ... [read more]

Thursday, February 14, 2019 @ 9:25 AM

B.C. legal community questions changes to ICBC policy limiting number of expert witnesses Scott Stanley, Murphy Battista LLP

The B.C. government is moving to change court rules to limit the number of expert witnesses in motor vehicle cases, but the move is being condemned by some in the legal community, who say it will restrict the rights of individual British Columbians. The amendments to the B.C. Supreme Court Civil Rules Regulation, revealed Feb. 11, will limit the number of experts and expert reports permitted to address the issue of damages, such as wage loss, future wage loss and future care that can be used by each side of a motor vehicle dispute. ... [read more]

Tuesday, February 12, 2019 @ 9:44 AM

Deadline nears for input into Ontario auto insurance review ambulancecarcrash

On Jan. 9, 2019, the Ontario Ministry of Finance in a news release titled “Reforming Auto Insurance for the People” announced it was reviewing auto insurance so as to “make auto insurance more affordable.” Consumers and insurers were invited to share their views here, something I encourage everyone to do. ... [read more]

Thursday, February 07, 2019 @ 9:51 AM

Chief Justice Wagner improves public communication, brings new ideas, change to top court, CJC and NJI TLD Exclusive

Richard Wagner, Canada’s reform-minded top judge, has already overseen changes at the three major legal institutions he leads — the Supreme Court of Canada, the Canadian Judicial Council (CJC), and the National Judicial Institute (NJI) — and there are more changes to come, he advises in a wide-ranging exclusive interview. ... [read more]

Tuesday, February 05, 2019 @ 1:26 PM

Jail sentences in labour rulings could become more common Man in Dark Cell

There have been thousands of Occupational Health and Safety Act (OSHA) convictions in Ontario, but less than two dozen jail sentences. ... [read more]

Friday, February 01, 2019 @ 11:18 AM

Summary judgment motions in MVA cases are viable options carswervinginsnow_sm.jpg

In the recent decision of Pavlovic v. Vankar 2019 ONSC 61, the Ontario Superior Court of Justice granted a summary judgment motion and dismissed a lawsuit against an injured plaintiff and a cross claim by the co-defendant. In doing so, the court signalled that summary judgment motions in motor vehicle accident (MVA) cases, in certain contexts, are viable options worthy of consideration. The motion was granted despite there being conflicting evidence on a key liability issue. ... [read more]

Monday, January 28, 2019 @ 9:31 AM

Elder care and the newest tort elder_helper_sm

When I first read the news item regarding the five Manitoba families that had launched litigation against a retirement home health care corporation, I thought immediately about my own experience as a son, and a son-in-law dealing with aging and infirm loved ones. I also thought of my mediation practice where these kinds of cases are starting to trickle in and thinking about the litigation setting. ... [read more]