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Personal Injury

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Thursday, April 26, 2018 @ 10:37 AM

How courts apply ‘no property in a witness’ principle to expert testimonies expertwitness

The long-standing principle that “there is no property in a witness” allows any party in an action to interview the same witness and to admit evidence from the same witness in court. While this principle is often practised in the context of fact witnesses, it is less common to see opposing counsel retain the same expert in an action. ... [read more]

Wednesday, April 25, 2018 @ 3:21 PM

Car owner’s liability vs. that of repair shop at centre of Alberta workers’ compensation appeal David_Kitchen_sm

A recent Alberta appeal decision shows workers’ compensation boards cannot sue “innocent” third party vehicle owners to recoup benefits paid to those injured in collisions between at-work drivers, says a lawyer involved. ... [read more]

Wednesday, April 25, 2018 @ 8:30 AM

Explaining Ontario’s ATV and off-road rules and insurance requirements offroading_sm.jpg

In Ontario, the Highway Traffic Act (HTA) defines motor vehicle as including “an automobile, a motorcycle, a motor assisted bicycle ... and any other vehicle propelled or driven otherwise than by muscular power.” ... [read more]

Tuesday, April 24, 2018 @ 8:16 AM

How to get the most out of your mediation boxing gloves

As a Raptors fan and with the playoffs underway, I’m anxious. Will the Raptors fend off their first round opponent, Washington? What strategies will they employ? Will they play to their strengths, or will they try to negate the Wizards’ strengths? ... [read more]

Tuesday, April 17, 2018 @ 8:15 AM

For Licence Appeal Tribunal, transparency and fairness are key voudouris_tribunals

Mary Shuttleworth was involved in a motor vehicle accident in September, 2012. She eventually claimed to be catastrophically impaired. Her case was heard by Licence Appeal Tribunal (LAT) Vice-Chair Susan Sapin who ruled in her decision dated April 21, 2017, that Ms. Shuttleworth was not catastrophically impaired. ... [read more]

Friday, April 13, 2018 @ 11:19 AM

Football players respond to latest chapter in fight over player safety Gafoor,football

Recently, the Canadian Football League Players Association (CFLPA) filed a grievance against the CFL claiming that the league has not taken appropriate measures to ensure player safety and rehabilitation. ... [read more]

Friday, April 13, 2018 @ 8:35 AM

TYPES OF DAMAGES - General damages - For personal injuries - Non-pecuniary loss - Pain and suffering

Appeal by the defendants from a $225,000 general damages award made by a jury in the respondent’s favour for pain and suffering she suffered as a result of a motor vehicle accident. ... [read more]

Wednesday, April 11, 2018 @ 7:12 AM

Judge ‘shocked’ by JDR room full of ‘very large dark men’ does ‘not harbour racist views’: federal judicial council Justice Kristine Eidsvik

An Alberta judge who publicly expressed her “shock” in unexpectedly encountering a judicial dispute resolution room “full of very large dark men” does “not harbour racist views” the Canadian Judicial Council (CJC) states in a decision that critics say fails to adequately address or acknowledge unconscious and systemic racial bias on the federal bench. ... [read more]

Friday, April 06, 2018 @ 9:19 AM

Insurance know-how vital for plaintiff’s lawyer toolkit | Sandra Kovacs

To fully advocate for an injured plaintiff it is essential to have at least a basic understanding of how the insurance world works, first because the availability of insurance proceeds to satisfy any judgment or settlement is usually imperative, but also because there may be a tangled web of insurance responding on behalf of the defendant or defendants that can inform one’s strategy to maximize a client’s recovery. ... [read more]

Thursday, April 05, 2018 @ 8:52 AM

Complementary and primary coverage and implications for costs and settlement Ashley Peacock

If coverage is complementary and not overlapping, does the insurer provide primary or excess coverage? What then are the insurer’s obligations regarding contribution to defence costs and settlement? The Ontario Superior Court in Aviva Insurance Company v. Intact Insurance Company 2018 ONSC 238 was faced with the foregoing questions. ... [read more]