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Personal Injury

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Monday, June 10, 2019 @ 9:11 AM

The uncertainty behind Ontario’s limitation period time_running_out_sm

The two-year limitations period under Ontario law has always contained a certain degree of variability because the two years is measured on the basis of discoverability. But a recent trend of case law from the Ontario Court of Appeal has infused uncertainty into the two-year claims bar, calling into question when two years really means two years. ... [read more]

Friday, June 07, 2019 @ 1:53 PM

Don’t allow nitwits to overshadow real amber alert concerns | Laurelly Dale

It’s difficult, if not impossible, to resist the urge to ask: “what’s wrong with you?” to the 300-plus that called 9-1-1 to complain about the amber alert May 14, 2019. Guessing their end game leaves one baffled. The mayor of Toronto shouldn’t have to remind people that 9-1-1 is for emergencies only.  ... [read more]

Tuesday, June 04, 2019 @ 8:46 AM

TYPES OF DAMAGES - For personal injuries - Investment management fees

Appeal by the defendants from a trial judgment awarding investment management fees and tax gross-up awards. ... [read more]

Thursday, May 30, 2019 @ 8:52 AM

HEALTH CARE PROFESSIONALS - Liability (malpractice) - Failure to diagnose

Appeal by the plaintiff from trial judgment dismissing his medical negligence action against the hospital and a nurse. ... [read more]

Monday, May 27, 2019 @ 3:11 PM

Quebec consumer law does not apply to sale of prescription drugs, Appeal Court rules Marianne Ignacz

In a resounding victory for the pharmaceutical industry, the Quebec Court of Appeal held that the province’s consumer protection law does not apply to the sale of prescription drugs, jettisoning a legal avenue a growing number of class action plaintiffs were using to sue the industry. ... [read more]

Monday, May 27, 2019 @ 12:33 PM

Dentists are doctors, too Dentist

Unfortunately for dentists, the profession was under fire yet again in the recent Alberta Court of Queen’s Bench decision, Moussi (Litigation guardian of) v. TD Home and Auto Insurance Co. 2019 ABQB 242. ... [read more]

Wednesday, May 22, 2019 @ 11:44 AM

Dealing with provincial health insurers in class actions hospital handshake.jpg

It has been one year since the release of Justice Brian Barrington-Foote’s decision in Pedikaris v. Purdue Pharma et al. 2018 SKQB 86. At that time, his message was loud and clear: “The PHIs (provincial health insurers) are not members of the class. They must each approve the settlement of their subrogated claim. They, unlike individual litigants, are well able to protect their own interest.” (para. 20) ... [read more]

Tuesday, May 21, 2019 @ 1:11 PM

Reaching the summit | Kurt Sandstrom

In 2013, British Columbia enacted the Justice Reform and Transparency Act, consistent with commitments made in its White Paper on Justice Reform, which was issued in response to Geoffrey Cowper’s report, A Criminal Justice System for the 21st Century. The Act includes a stipulation for the attorney general to convene justice summits annually, as a vehicle for facilitating collaboration among all justice participants; considering promising practices or initiatives in other jurisdictions; providing input on the sector’s strategic vision; making recommendations and assessing British Columbia’s progress regarding justice transformation efforts. ... [read more]

Tuesday, May 21, 2019 @ 12:36 PM

Civil juries must understand separation of defendants from those who settle, says lawyer Raymond_Wagner_sm

Juries in civil trials must be properly instructed on burden of proof and the separation between active defendants and those who settled out of court, says the lawyer of a Nova Scotia mother who is suing a doctor for negligence after her child was left brain damaged. ... [read more]

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]