Focus On

Personal Injury


Wednesday, February 05, 2020 @ 3:22 PM

Social media effect: How online behaviour is changing face of disability litigation Social media icons

Within the landscape of long-term disability and personal injury litigation, the concept of surveillance has become an ever evolving, and at times divisive, issue. A recent Court of Appeal decision, described further down, provides a helpful road map when it comes to the use of surveillance and social media at trial. ... [read more]

Wednesday, February 05, 2020 @ 11:07 AM

Robot justice: China’s use of Internet courts Robotscales

Would it scare you if I said that China has been doing this since 2017? In December 2019, China has announced that millions of legal cases are now being decided by “Internet courts” that do not require citizens to appear in court. The “smart court” includes non-human judges, powered by artificial intelligence (AI) and allows participants to register their cases online and resolve their matters via a digital court hearing. ... [read more]

Wednesday, February 05, 2020 @ 6:24 AM

HEALTH CARE PROFESSIONALS - Liability (malpractice) - Causation

Appeal by the defendant, Dr. Colin Ward, from a judgment finding him liable to the plaintiff Karen Armstrong for an injury during surgery. ... [read more]

Tuesday, February 04, 2020 @ 1:16 PM

Striking claims against insurance adjusters Disability claim form

In the recent decision of Burns v. RBC Life Insurance Co. 2019 ONSC 6977, Justice Paul Perell dismissed a claim against employees of RBC that were involved in handling the denial of the plaintiff’s disability claim. The case provides insight regarding when a claim against an insurance adjuster may be struck on a Rule 21 motion for failing to disclose a reasonable cause of action. ... [read more]

Friday, January 31, 2020 @ 1:36 PM

Damages in wrongful death claims: An upward trend Arrow over coins

In wrongful death cases, plaintiffs’ lawyers typically face the difficulty of explaining to family members why the range of damages for the loss of their loved one is so low. While we know that no amount of money will make up for this loss, two recent jury trials show an encouraging upward trend in amounts being awarded in these types of cases, including amounts under the Family Law Act.      ... [read more]

Wednesday, January 29, 2020 @ 11:45 AM

New medical malpractice partner for Tyr LLP

Tyr LLP announced that Pinta Maguire has joined the firm’s partnership and will head up its medical malpractice group and continue her complex corporate commercial litigation practice.  ... [read more]

Monday, January 27, 2020 @ 12:33 PM

Queen’s Legal Aid receives $200,000 donation from Toronto law firm

The Faculty of Law at Queen’s University announced that Bogoroch & Associates LLP has donated $200,000 to Queen’s Legal Aid (QLA). ... [read more]

Friday, January 24, 2020 @ 11:06 AM

Boilerplate waivers: Do I have the right to sue? Clipboard with liability release

Copy. Paste. Print. Can it be that simple if a business or organization is looking to create a legal contract designed to prevent another party from suing for liability? ... [read more]

Wednesday, January 22, 2020 @ 3:03 PM

The erosion of contingency based representation | Michael Lesage

Within the Ontario justice system, no phrase is used more nor carries less meaning than “access to justice.” It was previously written into the Law Society Act by the government of the day. Meanwhile, more and more people are forced to face their legal problems without representation. In part, this is the result of the decreased feasibility of contingency based representation. ... [read more]

Wednesday, January 22, 2020 @ 12:33 PM

What is a household? Two-storey house

Traders General Insurance Company v. Gibson 2019 ONCA 985 clarifies the law with respect to who qualifies as a member of a household, but the analysis remains very fact-driven. One cannot help but anticipate further disputes in this area, given the increasing prevalence of non-traditional living arrangements, particularly in large Canadian cities. ... [read more]