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Personal Injury

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Tuesday, April 30, 2019 @ 12:28 PM

Getting Punky off death row Dogalone

Not long ago, I wrote about so-called dangerous dogs and my experience with such cases over the past 19-plus years.   ... [read more]

Tuesday, April 23, 2019 @ 2:40 PM

Reasons behind discriminatory impairment designation for injured children charts and money

Further to s. 3.1(5)i of the Statutory Accident Benefits Schedule 34/10 (SABS 34/10), a child who has a positive finding from medically recognized brain diagnostic technology of intracranial pathology as a result of an accident, but is admitted as an in-patient to a level 1 Trauma Centre like the Hamilton General Hospital (HGH), would not get an automatic catastrophic impairment (CAT) designation, because it is not on the Superintendent’s Guideline No. 01/16 list of public hospitals. ... [read more]

Thursday, April 18, 2019 @ 8:55 AM

HEALTH CARE PROFESSIONALS - Liability (malpractice) - Failure to follow up

Appeal by the plaintiffs from a jury verdict dismissing a medical malpractice action. ... [read more]

Wednesday, April 17, 2019 @ 11:14 AM

Wrong side of the bridge: Discriminatory impairment designations for kids moneychartmeds.jpg

The purpose of the June 2016, Catastrophic Impairment — Public Hospitals Guideline, Superintendent’s Guideline No. 01/16 is to provide a list of the public hospitals for which in-patient admittance is one criterion for determining whether an insured child under the age of 18 at the time of the motor vehicle accident (MVA) has a traumatic brain injury. ... [read more]

Thursday, April 11, 2019 @ 2:45 PM

Discriminatory ramifications, inconsistent impairment designations for injured kids moneymedicalchart.jpg

The Ontario legislature filed Bill 251/15 under Insurance Act, R.S.O. 1990, c. I.8 on Aug. 26, 2015, which amended the Ontario Regulation 34/10: Statutory Accidents Benefits Schedule (SABS) — Effective Sept. 1, 2010, (SABS 34/10). It ushered in significant changes that came into force on June 1, 2016, such as the removal of the controversial and problematic Glasgow Coma Scale (GCS) test as a means to obtain an automatic catastrophic impairment designation with a GCS score of nine or less. ... [read more]

Thursday, April 11, 2019 @ 7:44 AM

CIVIL PROCEDURE - Jury trials

Appeal by the defendant from a jury award of damages for sexual abuse. The jury awarded general and aggravated damages of $250,000, loss of income of $280,000, treatment expenses of $5,000, and punitive damages of $15,000. ... [read more]

Wednesday, April 10, 2019 @ 9:07 AM

INTENTIONAL INFLICTION OF MENTAL SUFFERING - Elements of tort

Appeal by the defendant employer and supervisors in respect of a finding of liability for the harassment of the plaintiff employee. ... [read more]

Monday, April 08, 2019 @ 2:06 PM

Access to Justice: View from the trenches | Michael Lesage

As Ontario’s lawyers set to elect a new slate of benchers to Convocation, the oft-discussed, seldom addressed issue of access to justice has again entered into the conversation. Most agree that access to justice is a worthy (if aspirational and ill-defined) goal, that must be advanced and encouraged. However, the facts on the ground tell a different story, that of people being unable (or unwilling) to hire lawyers or to effectively assert their rights on their own. Conversely, lawyers continue their exodus from private practice, especially within the small firm setting (this despite the fact that more and more lawyers are being called to the bar). Clearly, something is amiss. ... [read more]

Monday, April 08, 2019 @ 10:51 AM

FOR TORTS - Affecting the person - Assault

Action by Fong for damages for assault and battery, false arrest, and false imprisonment. In March 2006, Fong was the manager of the Oasis Hotel, located in Surrey, British Columbia. The primary feature of the Oasis Hotel was its large bar. The police viewed the Oasis Hotel as a problem establishment. ... [read more]

Monday, April 08, 2019 @ 9:54 AM

B.C. Attorney General’s Office says auto insurance changes ‘constitutionally sound’ despite lawsuit

A group representing trial lawyers in British Columbia has opened a new salvo against the provincial government’s controversial changes to the publicly owned Insurance Corporation of British Columbia (ICBC), arguing a number of provisions brought into force last year are unconstitutional. In May 2018, the B.C. legislature adopted reforms to deal with a significant financial shortfall at ICBC, including a cap of $5,500 on minor injury claims, an increase in accident benefits and sending some matters to the province’s Civil Resolution Tribunal (CRT). ... [read more]