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Personal Injury

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Monday, September 11, 2017 @ 9:50 AM

Healing old wounds: Effective mediation of personal injury claims

There are ways to maximize settlement opportunities in the mediation of claims — including slips and falls, motor-vehicle accidents and intentional torts such as battery — that will make a real difference in the outcome. ... [read more]

Friday, September 08, 2017 @ 9:28 AM

Factoring in plaintiff’s age and occupation to the earnings curve

Jane is a 59-year-old real estate lawyer who was injured in a car accident. She will be unable to continue working. Jane is claiming she has suffered a loss of income due to her injuries, and she has estimated her losses based on her earnings immediately before the accident, projected out until her planned retirement age of 67. Is this the correct approach? ... [read more]

Thursday, August 31, 2017 @ 3:20 PM

Disabled Ontarians will benefit from first substantial changes to support program in 20 years

The Ontario budget unveiled in April contains a number of changes that will affect those who receive funding from the Ontario Disability Support Program in many different ways, allowing households to have more exempt income and assets while still being eligible to receive funding from the program. ... [read more]

Thursday, August 31, 2017 @ 7:06 AM

Recalls of tainted medical marijuana could lead to an increase in class actions, lawyers say Ted Charney

Recent medical marijuana recalls and the impending broad legalization and regulation of pot could mean future class actions aimed at tainted bud, lawyers say. ... [read more]

Monday, August 28, 2017 @ 8:43 AM

A matter of life and death: Urgent call for a new wrongful death statute in B.C. | Sandra Kovacs

Despite repeated calls for change from grieving families, the province's fatal accidents legislation has yet to be amended to allow bereavement damages. The new NDP government has a chance to follow other jurisdictions and set things right. ... [read more]

Monday, August 21, 2017 @ 9:09 AM

Estimating unreported income can be a challenge in tort personal injury claims hidden_income_sm

Underground economic activity in Canada is substantial, and failing to report income that comes from cash payments is illegal — making it difficult for plaintiffs in personal injury cases to substantiate income loss claims. ... [read more]

Friday, August 18, 2017 @ 7:28 AM

Mental health group urges zero tolerance in vehicles, minimum age of 19 to buy pot

Experts are divided on the correct approach to the legalization of cannabis after a mental health advocacy organization released a report calling for the government of Ontario to take a number of steps to ensure reductions in the health risks and harm of making the drug legal. ... [read more]

Tuesday, August 15, 2017 @ 8:50 AM

Pondering the end of the ‘hired gun’ expert witness

The Court of Appeal’s recent decision in Bruff-Murphy v. Gunawardena, 2017 ONCA 502, is a must read for all personal injury lawyers. On the one hand the court sent a clear direction to trial judges that they must take a more robust role as the gatekeeper of expert evidence which should mark the end of either side using “hired guns”. On the other hand, it reaffirmed the existing law that in a jury trial, an expert is safe from cross-examination on past judicial comments and findings. ... [read more]

Thursday, August 10, 2017 @ 9:00 AM

Five things personal injury lawyers should know about employment law

In the personal injury field, it is not uncommon to see injured victims run into employment difficulties while trying to get back to work.  Often times injuries bring on physical deconditioning with functional limitations, psychological damages and emotional distress. Stamina for a regular work schedule often becomes limited and deteriorating emotional tolerances often become marked by anxiety and frustration due to the inability to get back to pre-accident work status. ... [read more]

Thursday, August 03, 2017 @ 12:21 PM

New concussion protocol called 'excellent first step,' but concerns remain

The federal government has released a protocol to follow when dealing with concussions in sport, and while some are calling it a positive start, others are raising alarm bells about the lack of requirements for those who have suffered multiple injuries. ... [read more]