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Personal Injury

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Wednesday, August 29, 2018 @ 11:15 AM

The liability risks of running on empty gasgauge

When people start experiencing car problems their first inclination is to get the vehicle home and deal with the problem later. However, a person who knowingly brings a stalling vehicle (or a vehicle with low gas) onto a busy highway could be found liable for negligence. ... [read more]

Monday, August 27, 2018 @ 9:44 AM

FOR TORTS - Affecting the person - Sexual assault

Action by the plaintiff for damages arising from sexual offences. MN had a four-month sexual relationship with the 13-year-old plaintiff when she was an army cadet and he was a training officer with the army cadet corps. ... [read more]

Monday, August 20, 2018 @ 2:46 PM

Two former summer students return to Lerners as associates

Hilary Leitch and John Petrella are the newest associates at Lerners LLP’s office in London, Ont. ... [read more]

Monday, August 20, 2018 @ 12:02 PM

What the Canyon Meadows assault decision means to municipalities Video_camera_sm.jpg

In the recent decision McAllister v. Calgary (City) 2018 ABQB 480, the City of Calgary was found liable by the Alberta Court of Queen’s Bench for a random and unprovoked assault which occurred on New Year’s Eve. ... [read more]

Monday, August 20, 2018 @ 9:16 AM

TYPES OF DAMAGES - For personal injuries - Extent of incapacity

Action by the plaintiff for damages for injuries arising from a motor vehicle accident. ... [read more]

Thursday, August 16, 2018 @ 9:20 AM

ICBC rate structure changes will create more fairness in system: lawyer Scott Stanley, Murphy Battista LLP

The B.C. government is moving to change the three-decade-old rate structure at the provincially owned Insurance Corporation of British Columbia (ICBC), a move an observer said is consistent with basic insurance principles and one that will no longer reward drivers for bad behaviour. ICBC’s current rate structure is built around insuring the vehicle rather than the driver and allowing discounts to drivers despite the possibility of their having multiple crashes. Provincial Attorney General David Eby said that has resulted in British Columbians with crash-free, clean driving records subsidizing bad drivers. ... [read more]

Wednesday, August 15, 2018 @ 11:09 AM

Accommodating workers’ chronic pain complex issue for employers, lawyer says Brian_Wasyliw_sm

Getting a clear picture from a doctor of what a chronic pain sufferer can and cannot do at work is key for employers needing to accommodate the disability, says a lawyer. Toronto employment lawyer Brian Wasyliw says that while chronic pain can often be a nebulous and imprecise ailment met by employers with uncertainty, skepticism and, at times, a raised eyebrow of suspicion, it nonetheless must be addressed by finding out the workplace limitations faced by legitimate sufferers. ... [read more]

Tuesday, August 14, 2018 @ 8:25 AM

NEGLIGENCE - Causation - Foreseeability and remoteness Motor vehicles - Passengers

Trial on the issue of whether the defendant taxi driver was jointly and severally liable for the plaintiff’s damages for his failure to ensure the plaintiff wore a seat belt. ... [read more]

Friday, August 10, 2018 @ 8:34 AM

PHYSICAL AND PSYCHOLOGICAL INJURIES - Post-traumatic stress disorder (PTSD) - Mitigation

Action by the plaintiff for damages for injuries arising from a motor vehicle accident. ... [read more]

Friday, August 03, 2018 @ 12:11 PM

Student’s drowning case could establish what normal standard of care means for teachers, schools lifeguardring_sm.jpg

Nicholas Mills, a high school outdoor education teacher, has been charged with criminal negligence causing the death of one of his students, Jeremiah Perry, while on a class excursion to Algonquin Park. It is alleged that the student died when he went swimming with classmates and drowned. ... [read more]