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Personal Injury


Friday, April 28, 2017 @ 8:40 AM

Bridging the chasm between Big Law and clients | Julius Melnitzer

This is not fake news: “Not a single client interviewed was satisfied with what law firms provide.” ... [read more]

Thursday, April 27, 2017 @ 5:24 PM

Law society approves absolute cap of $25,000 on referral fees Mercer top

The Law Society of Upper Canada (LSUC) on April 27 approved a fixed cap of $25,000 on referral fees. ... [read more]

Wednesday, April 26, 2017 @ 8:49 AM

Privacy laws struggle with ‘smartphones on wheels’ WiFi car

In late March 2017, the Office of the Privacy Commissioner of Canada (OPC) appeared before the Senate Committee on Transportation and Communications to discuss some of the privacy issues associated with connected and automated vehicles. Over the past few years, the OPC and other organizations have been studying the privacy concerns surrounding connected and automated cars. However, as of yet, there are no comprehensive policies addressing privacy and modern automobiles. ... [read more]

Tuesday, April 25, 2017 @ 12:56 PM

Enforcement the key to a lawyer referral fee cap

The end to excessive lawyer referral fees may be as near as April 27 when the Law Society of Upper Canada will vote on capping referral fees paid to all referring lawyers/paralegals for referral arrangements entered into on or after May 1, 2017. ... [read more]

Monday, April 24, 2017 @ 8:27 AM

My view from ‘the dark side’ of personal injury law | Sandra Kovacs

For the first decade of my legal career I was an insurance defence litigator.  Firmly entrenched in that practice, I will reluctantly admit that my then-impression of the opposing counsel who worked for injured plaintiffs, with notable exceptions, was clichéd.But last year, after acting as defence counsel in a bodily injury trial, my opposing counsel’s firm offered me a job. My first reaction was to dismiss the offer as fanciful. How could I possibly walk away from being a proud member of the defence bar to become an “ambulance chaser”? ... [read more]

Wednesday, April 19, 2017 @ 10:09 AM

Court decisions that will greatly affect future cost of care awards

The intention of this article is to explain three categories of damages claimed and awarded in cost of care claims and to substantiate these by a review of relevant jurisprudence. The three categories of damages are: past housekeeping costs, applicable discount rates and allowance for financial management and administration costs. These have become common subject areas for discussion. ... [read more]

Tuesday, April 18, 2017 @ 11:13 AM

B.C. residents can dial up free legal advice on April 22

The Canadian Bar Association, B.C. branch, is hosting a Dial-a-Lawyer Day on April 22 as part of Law Week celebrations. ... [read more]

Thursday, April 13, 2017 @ 10:25 AM

With parental waivers, due diligence is key

Parental waiver forms are intended to protect risky businesses from lawsuits when kids get injured. When accidents happen and tragedy strikes, however, the effectiveness of the waiver is often questioned. In Canada, there does not seem to be a consistent answer. Now a decision from the Court of Appeal of New Brunswick simultaneously suggests parental waivers are enforceable — and potentially not worth the paper they are written on. ... [read more]

Thursday, April 13, 2017 @ 8:14 AM

WORKERS’ COMPENSATION - Benefits - Entitlement to benefits - Claims - Claims procedure - Compensability of injuries - Permanent total disability - Constitutional issues

Appeal by a worker from the denial of his claim for an award of permanent physical impairment (PPI) resulting from work-related injuries. The worker was 58 years of age. He worked as a truck driver for 25 years before suffering work-related injuries in January 2004. He attempted to return to work on subsequent occasions, but was unsuccessful. He applied for loss of earning benefits under the Workers’ Compensation Act, but the Commission denied his claims. The Appeals Tribunal reversed the decision. It found that the worker was totally disabled and it ordered the Commission to process the claim for workers’ compensation and to pay his benefits retroactively to the date of the accident. In July 2013 and 2014, the worker applied for a PPI award. The Commission denied the application finding that he was not entitled to a permanent physical impairment assessment, which was a condition precedent to any such award, as there was no evidence of irreversible loss. The worker’s benefits under the Act were reduced by 10 per cent of his CPP disability payments. The worker requested that the Commission offset the legal fees he incurred in processing his application for CPP disability benefits and prosecuting his appeal from the initial denial. The Commission denied the request. The worker appealed to the Tribunal on the grounds that features of the workers’ compensation regime dealing with chronic pain were discriminatory. He also argued that the Commission erred in law in deducting the gross amount of CPP disability payments from his workers’ compensation benefits, as he incurred legal fees to obtain those payments. Shortly before the hearing of the appeal, the Tribunal referred the worker for a PPI assessment on the basis that it was a condition precedent to the sought-after award and therefore, a determination of the constitutional challenge was pre-mature. The worker appealed, arguing that the constitutional issue was ripe for determination and that the Tribunal erred in postponing its determination to a date after the PPI assessment. ... [read more]

Tuesday, April 11, 2017 @ 11:53 AM

Lenczner Slaght hires counsel, associate

Patrick Wright has joined Lenczner Slaght as counsel, while Jonathan Chen is the litigation firm’s newest associate. ... [read more]