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Personal Injury

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Monday, January 30, 2017 @ 3:09 PM

Supreme Court decision bad news for civil trials | Alexander Voudouris

For years now, the time to obtain a trial in a personal injury action has been getting longer and longer. Some courts have attempted to utilize fixed trial dates while others have used rolling settings. Neither has helped with the extraordinary delay in getting to trial and now personal injury lawyers must also deal with the Supreme Court’s decision in R. v. Jordan 2016 SCC 27 which will exponentially increase the delay. ... [read more]

Monday, January 30, 2017 @ 2:27 PM

New rule lets courts control pace of litigation | Laura Robinson

The start of 2017 marked the commencement of the new administrative dismissal regime in Ontario. It is important that lawyers take note of the changes implemented in the current regime. ... [read more]

Monday, January 30, 2017 @ 11:43 AM

Quick action, proper notice needed for overpayment recovery

An Ontario Superior Court judge has provided some much needed guidance on how to successfully recover overpayments made to claimants under the Statutory Accident Benefits Schedule (SABS). Since the introduction of the notice requirement in the 1996 amendments to the SABS, conflicting decisions have muddied the waters of what constitutes timely and proper notice. ... [read more]

Thursday, December 22, 2016 @ 7:00 PM

Quebec court sets high bar to appeal class action

The Quebec Court of Appeal upheld a ruling that certified a class-action lawsuit following an outbreak of Legionnaires’ disease in Quebec City in 2012 believed to have contributed to 14 deaths and led 181 others to become ill from bacteria found in a cooling tower of a downtown office building. ... [read more]

Thursday, December 22, 2016 @ 7:00 PM

Court affirms 'minimum standard' of care

News ... [read more]

Thursday, December 15, 2016 @ 7:00 PM

MVA victims left unrepresented

Recent changes to the law surrounding motor vehicle accidents in the name of expedient and fair justice has had the perverse effect of leaving many injured victims unable to find legal representation.  ... [read more]

Thursday, December 15, 2016 @ 7:00 PM

Neutralizing jury bias

If you have been following personal injury decisions in Ontario lately, you have noticed the trend. For the most part, juries have been giving injured victims unfavourable results, including shutting them out of any compensation. Not long ago, personal injury lawyers were filing jury notices with nearly every claim. Now a significant number of personal injury lawyers prefer a judge alone trial.  ... [read more]

Thursday, December 15, 2016 @ 7:00 PM

Think about insurance when riding in the bike lane

Recognizing that cycling is an increasingly popular form of transportation, is environmentally friendly, a great way to exercise and something that helps limit the growth of car traffic, many cities have installed bike lanes and other cycling infrastructure to make it easier and safer to ride. ... [read more]

Thursday, December 15, 2016 @ 7:00 PM

Expert opinion backs up chronic pain claim

The Supreme Court of Canada’s seminal decision in Nova Scotia (Workers Compensation Board) v. Martin [2003] 2 S.C.R. 504, marked the first time the court addressed the traditionally held view of chronic pain syndrome. ... [read more]

Thursday, December 15, 2016 @ 7:00 PM

Adding up long term disability tax implications

Lawyers handling long-term disability (LTD) claims know that certain policies provide benefits that are taxable while most others are non-taxable. Generally speaking, if the employee pays the premium for the policy (with their own after-tax dollars), then the benefit will be non-taxable. If the employer pays the premium, then the benefit will be taxable. ... [read more]