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Personal Injury

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Friday, November 23, 2018 @ 12:45 PM

Auto insurance changes ‘Christmas list’ for industry: B.C. trial lawyers John Rice, TLABC secretary/treasurer

British Columbia’s decision to classify psychiatric issues and mild concussions as minor under new automobile insurance regulations is being called troubling by members of the B.C. bar, adding that recent changes at the provincially owned insurance provider are reducing individuals’ chances to have their issues properly addressed. ... [read more]

Wednesday, November 21, 2018 @ 1:13 PM

Workplace criminal liability: Businesses and their lawyers should be taking note blocksmashing_sm.jpg

Earlier this year, the owner of an excavation company was convicted of manslaughter for the death of a worker at a job site. Two months ago, that owner was sentenced to an 18-month jail sentence that is to be followed by two years’ probation. The case was R. c. Fournier [2018] J.C. no. 8784. ... [read more]

Tuesday, November 20, 2018 @ 1:28 PM

Wellness: Three ways to deal with closing of pro bono centres | Darryl Singer

Editor’s Note: After this column was published there have been new developments concerning donations to help keep the Law Help Ontario centres open. ... [read more]

Tuesday, November 13, 2018 @ 10:52 AM

Duty of care does not end when drunk driver returns home: Ontario Court of Appeal Patrick Brown sm

The Ontario Court of Appeal has ordered a trial to determine duty of care in a social host liability case that left one man dead and his children, allegedly, injured. The decision, counsel said, highlights the spectrum of responsibility that can transform a social gathering into an invitation to an inherent and obvious risk. ... [read more]

Tuesday, November 13, 2018 @ 9:02 AM

Valuing a privately held corporation: Normalization adjustments business_value_sm

When valuing a privately held business, there are several valuation approaches and techniques which Chartered Business Valuators (CBV) may use to determine a company’s value. One such method used is the income-based approach, which looks at a company’s earnings or cash flows. ... [read more]

Tuesday, November 13, 2018 @ 8:32 AM

TYPES OF DAMAGES - For personal injuries - Expenses and expenditures

Appeal by the defendant from trial judgment awarding the respondent $100,000 for non pecuniary damages, $100,000 for loss of earning capacity and cost of future care for cognitive behavioural therapy and attendance at a diet clinic as a result of a 2013 motor vehicle accident. ... [read more]

Monday, November 12, 2018 @ 2:25 PM

How fluoridation runs counter to usual health law perfect tooth

I recently lectured on the topic of consent and capacity to my class at York University. I explained to my students that a person who is mentally “capable” is permitted to consent — or refuse to consent — to virtually any treatment. One of my students approached me at the end of lecture with an interesting thought. “What about fluoride?” she asked. ... [read more]

Friday, November 09, 2018 @ 8:22 AM

Cyberbullying, Norwich orders and the NHL star’s wife smartphone_info_sm

In Caryk v. Karlsson 2018 ONSC 5739, the Ontario Superior Court of Justice refused to compel Erik Karlsson’s wife to turn over evidence relating to allegations that she was cyberbullied by the partner of one of her husband’s former teammates. In doing so, Justice Anne Mullins provided an overview of the Norwich order remedy and determined that the interests of justice would not be well served by granting this type of relief. The decision confirms that Norwich orders are extraordinary remedies that may even be refused in cases involving allegations of cyberbullying. ... [read more]

Thursday, November 08, 2018 @ 8:32 AM

LIABILITY OF MUNICIPALITY - Property maintenance and operation - Highways

Appeal by the defendants H and the City from trial judgment finding them each 25 per cent liable for a motor vehicle accident. ... [read more]

Tuesday, November 06, 2018 @ 5:42 PM - Last Updated: Wednesday, November 07, 2018 @ 11:29 AM

Judicial council says judge was ‘ill-advised’ and violated rules by acting as Lakehead University’s interim law dean Brian Gover

In a decision expected to be challenged in Federal Court, the Canadian Judicial Council (CJC) has decided that Ontario Superior Court Justice Patrick Smith breached his obligations to devote himself solely to his judicial duties, and to stay out of public and potential legal controversy, when he took a leave of absence formally approved by his chief justice to act pro bono as interim dean of Lakehead University’s struggling new law school. ... [read more]