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Personal Injury


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]

Tuesday, July 04, 2017 @ 8:48 AM

Advocacy for addicts in personal injury litigation | Sandra Kovacs

Addiction, whether to drugs or alcohol, is a prevalent problem in our society: statistics say roughly one out of every five Canadians will meet the criteria for substance addiction during his or her lifetime. With these statistics it is not surprising that personal injury lawyers frequently encounter clients with substance abuse disorders. ... [read more]

Friday, June 30, 2017 @ 8:29 AM

HEALTH CARE PROFESSIONALS - Liability (malpractice) - Negligence - Standard of care - Particular professions - Nurses

Appeal by the plaintiffs, an infant and mother, from the dismissal of their medical negligence action against the defendants. ... [read more]

Monday, June 26, 2017 @ 9:12 AM

Will Toronto’s new trial sitting pilot project stand the test?

With significant trial delays as the norm and access to justice a real concern, the recent announcement that the Toronto region will be operating under a new jury trial sitting pilot program is welcome news to many. ... [read more]

Monday, June 26, 2017 @ 9:03 AM

B.C. appeal court affirms judicial discretion in rejecting move to strike jury notice Angus Gunn

The British Columbia Court of Appeal has rejected an attempt by a party in a personal injury case to strike a jury notice, saying there was no good reason to stray from the case management judge’s decision. ... [read more]

Tuesday, June 20, 2017 @ 8:42 AM

Ontario Court of Appeal certifies class action, takes law firm to task over contingency fee agreement Claire Wilkinson

The Ontario Court of Appeal has rejected arguments from a Toronto law firm and one of its partners that they are immune from a class proceeding brought on behalf of former and current clients, upholding a class action certification granted by the Divisional Court. ... [read more]

Friday, June 16, 2017 @ 8:37 AM

Impact of structured settlements on family law claims

In Hunks v. Hunks 2017 ONCA 331, a unanimous Ontario Court of Appeal determined that structured settlements annuity payments are income rather than property. Family law clients who suffer injuries during marriage and their lawyers will want to understand the options available for payment of settlement funds and the impact of structured settlements on potential family law claims. Depending on the size of the settlement, the financial consequences for clients on separation could be considerable. ... [read more]

Thursday, June 15, 2017 @ 1:00 PM

U.S. Chamber pushes for mandatory disclosure in third party litigation funding Jasminka Kalajdzic

The U.S. Chamber of Commerce and its affiliated Institute for Legal Reform, along with more than two dozen business groups and legal organizations, have submitted a controversial letter calling for the mandatory disclosure of third party litigation funding arrangements (TPLF) in any civil action filed in U.S. federal court. ... [read more]

Thursday, June 15, 2017 @ 8:49 AM

Slip and falls: technology putting more science into friction Slip and falls

The litigation of slip and fall claims in Ontario is changing with the advance of technology. ... [read more]