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Personal Injury

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Monday, December 11, 2017 @ 10:50 AM

Ontario unveils new automobile insurance plan aimed at reducing costs, fraud Steve Rastin, Rastin & Associates

Ontario has released a plan to make automobile insurance more affordable by addressing fraud and providing better access to care, but observers say there needs to be some fundamental changes in the system to ensure it works to maximize the benefit for all consumers. ... [read more]

Friday, December 08, 2017 @ 9:36 AM

Behind the gurney: Exploring medical/legal cases from an expert’s perspective

Lawyers handling medical malpractice lawsuits should keep in mind the value that an expert witness can bring to such matters — and the folly of relying on inappropriate evidence. ... [read more]

Friday, December 08, 2017 @ 8:58 AM

B.C. Court of Appeal rules compensation for Forces veterans does not violate Charter Donald J. Sorochan

The British Columbia Court of Appeal has struck down a potential class action by members of the Canadian Forces against the federal government’s current compensation scheme for veterans, but a University of British Columbia law professor is saying the court may have erred in its interpretation of what positive obligations the Charter of Rights and Freedoms places on government. ... [read more]

Thursday, December 07, 2017 @ 9:51 AM

Supreme Court's ruling in Saadati puts physical, mental injuries on equal footing Mental injury

The key takeaway from the decision is that an injury is just that, and that there will be no substantive distinction in law or practice between a mental or physical injury — in part because it is becoming increasingly apparent that such dichotomies are not likely scientifically valid. This general theme may have application to a wide variety of other cases. ... [read more]

Thursday, December 07, 2017 @ 9:35 AM

B.C. action on distracted driving called ‘long overdue’ Scott Stanley, Murphy Battista LLP

The government of British Columbia is pledging to fight distracted driving — and is using the provincially owned automobile insurance provider to do it. ... [read more]

Thursday, November 30, 2017 @ 9:52 AM

Tort law surrounding mental injuries is evolving, thanks to the Supreme Court Mental injury

Until very recently, society's attitudes toward mental illness have been largely reflected in the legal realm, with more stringent tests for establishing a compensable mental injury. However, the law has been moving in the direction of greater recognition of mental health problems. ... [read more]

Monday, November 27, 2017 @ 9:35 AM

Pro Bono Ontario offers free legal advice over phone Pro Bono Ontario Hotline

After being in a soft-launch mode for 10 weeks, Pro Bono Ontario has officially launched its Free Legal Advice Hotline. ... [read more]

Thursday, November 23, 2017 @ 8:30 AM

CIVIL PROCEDURE - Parties - Class or representative actions - Common interests and issues - Judgments and orders - Summary judgments - For part of claim - Appeals

Appeal by the defendant James from order of partial summary judgment made against him in a class action for medical negligence. ... [read more]

Wednesday, November 22, 2017 @ 10:33 AM

Court ruling in coffee-spill lawsuit brings Canada one step closer to U.S. experience Coffee spill

As a matter of public policy, judicial decisions should be made with a view to promoting the type of conduct that Canadians are entitled to expect of each other. The ruling in Dittmann v. Aviva Insurance Company of Canada provides a different perspective on the notion that people take responsibility for their own negligent conduct. ... [read more]

Wednesday, November 22, 2017 @ 8:26 AM

WORKERS’ COMPENSATION - Claims - Claims procedure - Notice of injury or accident - Time for

Stated case from the Workers’ Compensation Appeals Tribunal (WCAT) to determine whether the five-year audiogram rule in Board Policy 1.2.5AR1 (Policy), which addressed entitlement to benefits for occupational hearing loss, was inconsistent with the Workers’ Compensation Act (Act). ... [read more]