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Personal Injury

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Friday, May 11, 2018 @ 9:18 AM

Malpractice lawyers divided on Goudge report detailing costly, sluggish system Paul_Harte_sm

A new report slamming sluggish and costly medical malpractice litigation in Ontario will likely change nothing because doctors’ reputations are still being placed ahead of compensating victims, say lawyers who act for injured patients. ... [read more]

Wednesday, May 09, 2018 @ 1:28 PM

Want to record an independent medical exam? Better have good cause twomansilhouette

Lipovetsky v. Sunlife 2018 ONSC 1664 is a recent decision in which a plaintiff asked the court to order that she be allowed to audio record a doctor during an IME. Madam Master Karen E. Jolley decided there was enough evidence to exercise her discretion and allow the plaintiff to have a support person present for the defence medical, so long as the accompanying person did not participate or interject. ... [read more]

Monday, May 07, 2018 @ 8:40 AM

OCCUPIERS’ LIABILITY - Legislation - Particular situations - Sporting facility

Appeals by Blue Valley and Woodhouse and cross-appeal by Snow Valley for the judgment in two actions dealing with the liability of ski resorts for injuries sustained by their patrons. ... [read more]

Thursday, May 03, 2018 @ 9:00 AM

Duty of an occupier spelled out in slip and fall appeal occupier_liability_sm

On March 27, 2018, the Ontario Court of Appeal released a decision in the case of Tondat v. Hudson’s Bay Company 2018 ONCA 302. The case involved a slip and fall accident at a Hudson’s Bay department store and provides important lessons for retail stores and other occupiers. ... [read more]

Wednesday, May 02, 2018 @ 8:38 AM

OCCUPIERS' LIABILITY - Particular situations - Floors

Appeal by defendant store and property manager from finding of liability for injuries plaintiff sustained in slip and fall accident. ... [read more]

Friday, April 27, 2018 @ 2:25 PM

International Day of Mourning a reminder to keep employees healthy and safe injuredworkers_sm

Years ago, employees used to take on safety-sensitive jobs such as mining or railroad work knowing that there was a risk to their health or safety and assuming the risks inherent with that occupation. In recent years there has been a shift in both mentality and legislation in terms of safety on the job in Canada. ... [read more]

Friday, April 27, 2018 @ 8:33 AM

NEGLIGENCE - Duty and standard of care - Duty of care - Causation - Foreseeability and remoteness

Action by the four plaintiffs for damages against the defendant, the Roman Catholic Episcopal Corp. of St. John's (Archdiocese). ... [read more]

Thursday, April 26, 2018 @ 10:37 AM

How courts apply ‘no property in a witness’ principle to expert testimonies expertwitness

The long-standing principle that “there is no property in a witness” allows any party in an action to interview the same witness and to admit evidence from the same witness in court. While this principle is often practised in the context of fact witnesses, it is less common to see opposing counsel retain the same expert in an action. ... [read more]

Wednesday, April 25, 2018 @ 3:21 PM

Car owner’s liability vs. that of repair shop at centre of Alberta workers’ compensation appeal David_Kitchen_sm

A recent Alberta appeal decision shows workers’ compensation boards cannot sue “innocent” third party vehicle owners to recoup benefits paid to those injured in collisions between at-work drivers, says a lawyer involved. ... [read more]

Wednesday, April 25, 2018 @ 8:30 AM

Explaining Ontario’s ATV and off-road rules and insurance requirements offroading_sm.jpg

In Ontario, the Highway Traffic Act (HTA) defines motor vehicle as including “an automobile, a motorcycle, a motor assisted bicycle ... and any other vehicle propelled or driven otherwise than by muscular power.” ... [read more]