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Personal Injury

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Thursday, June 14, 2018 @ 10:32 AM

Accountability erosion in tort system and special status to the car | Patrick Brown

The purpose of tort law is to compensate one person for the losses caused by another. You punch someone in the nose, you pay. It is a foundational principle of tort law that the plaintiff is to be restored to the position they were in, prior to the negligent actions of the defendant. As quoted, it cast a wide net of protection. Despite this however, over the years we have decided to abandon our basic principles of accountability and afford special status to those torts committed behind the wheel of the car. ... [read more]

Wednesday, June 13, 2018 @ 8:37 AM

Texting to a driver could be illegal — here’s why texting driver

In the criminal justice system, a person is guilty of criminal negligence if they do anything, or omit to do something that is their duty, that shows a wanton or reckless disregard for the lives or safety of other people. While it is rarely seen as these matters often do not come to light until after the unfortunate injuries or death have already occurred. ... [read more]

Friday, June 08, 2018 @ 12:49 PM - Last Updated: Friday, June 08, 2018 @ 2:40 PM

Supreme Court declines to hold rioters solidarily liable for damaging police cars Nataly_Gauvin_and_Mélany_Renaud

The Supreme Court has shed light on when solidary liability attaches to wrongful acts under the Civil Code of Québec (CCQ) in a decision which holds 6-1 that rioters who contributed to damaging municipal police cars during a 2008 Montreal hockey riot can only be held liable for the specific damage each caused to a given car, and not for the total damages caused by all the rioters in respect of that car. ... [read more]

Thursday, June 07, 2018 @ 6:55 AM

SCC fractures over forum non conveniens in multijurisdictional Internet libel case Paul Schabas

The Supreme Court of Canada has splintered over the private international law principles applicable to the issues of jurisdiction, forum non conveniens and choice of law in the context of a multijurisdictional Internet libel case — with most of its judges declining to substantially reform the usual rules Canadian courts apply in deciding whether to assume and exercise jurisdiction in cross-border legal disputes. ... [read more]

Wednesday, June 06, 2018 @ 3:23 PM

Legal and liability aftermath of the Yonge Street van attack red&bluecarcrash_sm.jpg

The insurance lawyer in me is interested in the various claims that have arisen (and might still arise) as a result of the April 23, 2018, “van attack” on Yonge Street. If you were to journey into my coverage-geek brain, this is what you might see: ... [read more]

Tuesday, June 05, 2018 @ 8:30 AM

TYPES OF DAMAGES - For personal injuries - Calculation - Contingencies

Appeal by the defendant hospital and nurse from the award of damages for future loss of income and the award of costs. ... [read more]

Friday, June 01, 2018 @ 1:25 PM

B.C. Court of Appeal rules court erred when considering past conduct in personal injury case Nathan Muirhead, Hakemi & Ridgedale LLP

The British Columbia Court of Appeal has ordered a new trial for a woman who alleged she suffered an injury while on a Vancouver city bus, ruling the trial judge erred when she admitted evidence regarding a prior complaint the woman had made contrary to the rule on collateral fact. ... [read more]

Thursday, May 31, 2018 @ 1:38 PM

To lend a car or not to lend a car, that is the question 2carcrash_sm.jpg

How often have you lent your car to a family member, friend or colleague without giving it a second thought? Perhaps it’s time you reconsidered. ... [read more]

Friday, May 25, 2018 @ 8:56 AM

Expert bias: How trial courts are applying the White Burgess analysis accountinghands_sm.jpg

In 2015 in White Burgess Langille Inman v. Abbott and Haliburton Co. 2015 SCC 23 the Supreme Court of Canada released a comprehensive decision on expert bias and how it relates to the admissibility and weight of expert evidence. The evidence must pass two stages: the threshold stage and gatekeeper stage. If the evidence passes both, any residual concerns about bias should be reflected in the weight given to the expert opinion. ... [read more]

Friday, May 18, 2018 @ 8:32 AM

Extreme focus the key for personal injury lawyers | Sandra Bekhor

Personal injury marketing is a high-stakes business. Everything about it is oversized, relative to other areas of law. The cost. The vision. The competition. So, how can small to mid-sized firms compete? And is that even possible, if your firm's resources don’t allow you to be the headline sponsor of a hospital wing, injury affiliated conference or charity? There’s another way. ... [read more]