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Thursday, July 13, 2017 @ 08:51 AM

Rethinking the cap on pain and suffering damages

On April 20, a jury in Brantford awarded an injured plaintiff over $2.4 million in damages after a five week trial. Included in this award was $600,000 for pain and suffering damages. This award came almost forty years since the Supreme Court of Canada in Andrews v. Grand and Toy Alberta Ltd. imposed what amounted to a cap or upper limit of $100,000 on non-pecuniary general damages for injury cases. ... [read more]

Monday, July 10, 2017 @ 11:33 AM

LIABILITIES OF MUNICIPALITY - Negligence - Types - Property maintenance and operation - Highways

Appeal by the defendant Regional Municipality of Sudbury (Region) from the finding of liability in an action for personal injuries suffered by the respondent in a motor vehicle accident. The respondent lost control of her vehicle, crossed over the centre lane and collided head-on with a northbound school bus. ... [read more]

Friday, July 07, 2017 @ 10:58 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]

Friday, July 07, 2017 @ 07:32 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 @ 08:14 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 @ 08:48 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 @ 08:29 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 @ 09:12 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 @ 09:03 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 @ 08:42 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]