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Personal Injury

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Thursday, August 03, 2017 @ 8:45 AM

Liability waivers becoming a foe, not friend to the public interest | Sandra Kovacs

Any Canadian consumer who has engaged in a sporting or recreational activity of any kind likely has some familiarity with liability waivers. In most instances, however, the average consumer does not take the time to read the document before signing, let alone understand what he or she is signing away. ... [read more]

Tuesday, July 25, 2017 @ 8:35 AM

Determining cost of future care in traumatic brain injury Brain injury

There are approximately 160,000 traumatic brain injuries (TBI) in Canada every year. It is the leading cause of death in people under the age of 45. Many are left without the ability to work or perform activities of daily living (ADLs). ... [read more]

Tuesday, July 18, 2017 @ 8:01 AM

The ongoing scrutiny of experts as advocates: Thompson v. Helgeson

Thompson v. Helgeson 2017 BCSC 927, a recent case of the British Columbia Supreme Court, provides a candid reminder about the duties of experts in personal injury litigation. ... [read more]

Thursday, July 13, 2017 @ 12:49 PM

Dutton Brock hires Duboff as associate

Michael Duboff has joined Dutton Brock LLP as an associate. He completed his articles with the Toronto firm and was called to the bar this year. ... [read more]

Thursday, July 13, 2017 @ 11:15 AM

A Canadian first: Surrogacy fees awarded as cost of future care

A Canadian court has for the first time awarded damages for surrogacy fees in Wilhelmson v. Dumma 2017 BCSC 616. ... [read more]

Thursday, July 13, 2017 @ 8:51 AM

Rethinking the cap on pain and suffering damages

On April 20, a jury in Brantford awarded an injured plaintiff over $2.4 million in damages after a five week trial. Included in this award was $600,000 for pain and suffering damages. This award came almost forty years since the Supreme Court of Canada in Andrews v. Grand and Toy Alberta Ltd. imposed what amounted to a cap or upper limit of $100,000 on non-pecuniary general damages for injury cases. ... [read more]

Monday, July 10, 2017 @ 11:33 AM

LIABILITIES OF MUNICIPALITY - Negligence - Types - Property maintenance and operation - Highways

Appeal by the defendant Regional Municipality of Sudbury (Region) from the finding of liability in an action for personal injuries suffered by the respondent in a motor vehicle accident. The respondent lost control of her vehicle, crossed over the centre lane and collided head-on with a northbound school bus. ... [read more]

Friday, July 07, 2017 @ 10:58 AM

CIVIL PROCEDURE - Parties - Class or representative actions - Procedure

Cross-motions for summary judgment in a proposed class action. The two representative plaintiffs were involuntary patients detained in the Oak Ridge Division at the Penetanguishene Mental Health Centre operated by the defendant, the Province of Ontario. ... [read more]

Friday, July 07, 2017 @ 7:32 AM

Ontario appeal court rules insurers not required to provide justification to applicants before exam Eric Grossman

The Ontario Court of Appeal has provided validation to insurers in ruling they are not required to offer a justification when asking applicants claiming benefits to attend an examination under oath. ... [read more]

Thursday, July 06, 2017 @ 8:14 AM

CIVIL PROCEDURE - Parties - Class or representative actions - Procedure

Cross-motions for summary judgment in a proposed class action. The two representative plaintiffs were involuntary patients detained in the Oak Ridge Division at the Penetanguishene Mental Health Centre operated by the defendant, the Province of Ontario. ... [read more]