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Personal Injury

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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]

Monday, January 28, 2019 @ 8:53 AM

ASSESSMENT OF DAMAGES - Limiting factors - Duty to mitigate

Action by the 54-year-old plaintiff against his former personal injury lawyer. ... [read more]

Thursday, January 24, 2019 @ 1:09 PM

Class action lawsuit raises questions for Ford, insurance regulator | Jasmine Daya

Eleven auto insurance companies that have allegedly withheld hundreds of millions of dollars in HST payments from Ontario car accident victims since 2010 have been named in 11 class action lawsuits that now total $1.1 billion in damages. None of the 11 class actions has been certified or tested in court. ... [read more]

Thursday, January 24, 2019 @ 11:38 AM

Pesticides and products liability: American success, Canadian challenge Cropduster.jpg

In August 2018, a verdict of a California jury in Johnson v. Monsanto found Monsanto liable to a groundskeeper who said the company’s weedkiller, Roundup (active ingredient glyphosate), caused his cancer. The jury awarded DeWayne Johnson US$289 million in damages, later reduced to US$78 million by the judge on an appeal by the company. ... [read more]

Wednesday, January 23, 2019 @ 12:47 PM

Michaelson joins Neinstein partnership

Neinstein Personal Injury Lawyers announced the addition of Daniel Michaelson to the firm’s partnership. ... [read more]

Wednesday, January 23, 2019 @ 7:39 AM

TRESPASS - To person - Sexual assault

Action for damages for sexual assault and negligence. ... [read more]

Tuesday, January 22, 2019 @ 8:39 AM

Yes we have no insurance | Marcel Strigberger

Ontario’s Progressive Conservative government has launched public consultations on amending our motor vehicle insurance laws. The issues if you are an insurer are fraudulent claims and if you are a consumer or accident victim, ever increasing premiums and converse attrition of accident benefits and tort award entitlement. ... [read more]