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Focus On

Personal Injury


Thursday, August 15, 2019 @ 3:03 PM

The use of surveillance at trial Camera lens

A decision recently released by the Ontario Court of Appeal provides helpful guidance on the use of surveillance at trial. ... [read more]

Wednesday, August 14, 2019 @ 2:27 PM

Three new associates for McLeish Orlando

McLeish Orlando LLP announced that Nicole Fielding, Courtney Stewart and Taraneh Etemadi have joined the Toronto personal injury law firm as associates. ... [read more]

Wednesday, August 14, 2019 @ 12:27 PM

Insurance case stresses importance of both objective, subjective evidence, says lawyer Jonathan_Abrametz_sm

Saskatchewan’s Appeal Court has reinforced the principle that both “objective and credible subjective evidence” must be heard, says the lawyer of a farmer who was wrongfully denied extended income benefits after testifying an auto accident left him unable to work. ... [read more]

Wednesday, August 14, 2019 @ 9:18 AM

In defence of the jury system in Ontario | Michael Smitiuch

On matters concerning injury victims, it is not very often that my views align with those of the defence bar in Ontario. So when I read the submissions made by Canadian Defence Lawyers (CDL) about the proposed revamping of the jury system and agreed with most of their general points, this caused me some concern. As a plaintiffs’ lawyer representing only injury victims, how could it be that I was seemingly on the same page as those who so often stand between victims and their pursuit of justice? ... [read more]

Monday, August 12, 2019 @ 10:44 AM

TRESPASS - To person - Assault - Battery - Defences

Action for damages suffered as a result of the defendants, the plaintiff’s parents and sister, influencing or coercing her to have a therapeutic abortion in 1992 when she was 17. ... [read more]

Friday, August 02, 2019 @ 2:26 PM

Remedies to address abuse, negligence allegations in care homes Elderly man facing window

Over the past decade the number of injuries sustained by elderly residents in long-term care homes in Ontario has increased dramatically; so much so the province’s ombudsman launched a systematic investigation into this issue in 2010. A legislative overhaul of care homes in the province was made shortly thereafter. ... [read more]

Wednesday, July 31, 2019 @ 10:11 AM

INVASION OF PRIVACY - Personal information

Appeal by Universe from an order striking his claim against the respondents, a solicitor and his law firm. ... [read more]

Monday, July 29, 2019 @ 2:05 PM

Power of framing, illusory truths in everyday legal practice twoheadsteal

This is the second part of a three-part series discussing how cognitive biases and heuristics can affect everyday legal practice. Part one discussed the well-known concept of anchoring. This second part discusses two further concepts: “framing” and the “illusory truth effect.” These concepts are particularly relevant to effective advocacy. ... [read more]

Monday, July 29, 2019 @ 11:10 AM

Adverse costs insurance a compensable disbursement Businessman falling on money

Over the past 10 years, adverse costs insurance has become more prevalent in Ontario, particularly in the field of personal injury law. Adverse costs insurance, commonly referred to as “after the event insurance,” provides insurance if a party’s legal action fails and the party is ordered to pay costs to the other side of the litigation. ... [read more]

Friday, July 26, 2019 @ 6:03 AM

CIVIL PROCEDURE - Third party procedure - Availability

Appeal by the defendant insurer from the dismissal of its third party claim against the plaintiffs’ lawyers. ... [read more]