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Personal Injury


Monday, August 28, 2017 @ 8:43 AM

A matter of life and death: Urgent call for a new wrongful death statute in B.C. | Sandra Kovacs

Despite repeated calls for change from grieving families, the province's fatal accidents legislation has yet to be amended to allow bereavement damages. The new NDP government has a chance to follow other jurisdictions and set things right. ... [read more]

Monday, August 21, 2017 @ 9:09 AM

Estimating unreported income can be a challenge in tort personal injury claims hidden_income_sm

Underground economic activity in Canada is substantial, and failing to report income that comes from cash payments is illegal — making it difficult for plaintiffs in personal injury cases to substantiate income loss claims. ... [read more]

Friday, August 18, 2017 @ 7:28 AM

Mental health group urges zero tolerance in vehicles, minimum age of 19 to buy pot

Experts are divided on the correct approach to the legalization of cannabis after a mental health advocacy organization released a report calling for the government of Ontario to take a number of steps to ensure reductions in the health risks and harm of making the drug legal. ... [read more]

Tuesday, August 15, 2017 @ 8:50 AM

Pondering the end of the ‘hired gun’ expert witness

The Court of Appeal’s recent decision in Bruff-Murphy v. Gunawardena, 2017 ONCA 502, is a must read for all personal injury lawyers. On the one hand the court sent a clear direction to trial judges that they must take a more robust role as the gatekeeper of expert evidence which should mark the end of either side using “hired guns”. On the other hand, it reaffirmed the existing law that in a jury trial, an expert is safe from cross-examination on past judicial comments and findings. ... [read more]

Thursday, August 10, 2017 @ 9:00 AM

Five things personal injury lawyers should know about employment law

In the personal injury field, it is not uncommon to see injured victims run into employment difficulties while trying to get back to work.  Often times injuries bring on physical deconditioning with functional limitations, psychological damages and emotional distress. Stamina for a regular work schedule often becomes limited and deteriorating emotional tolerances often become marked by anxiety and frustration due to the inability to get back to pre-accident work status. ... [read more]

Thursday, August 03, 2017 @ 12:21 PM

New concussion protocol called 'excellent first step,' but concerns remain

The federal government has released a protocol to follow when dealing with concussions in sport, and while some are calling it a positive start, others are raising alarm bells about the lack of requirements for those who have suffered multiple injuries. ... [read more]

Thursday, August 03, 2017 @ 8:45 AM

Liability waivers becoming a foe, not friend to the public interest | Sandra Kovacs

Any Canadian consumer who has engaged in a sporting or recreational activity of any kind likely has some familiarity with liability waivers. In most instances, however, the average consumer does not take the time to read the document before signing, let alone understand what he or she is signing away. ... [read more]

Tuesday, July 25, 2017 @ 8:35 AM

Determining cost of future care in traumatic brain injury Brain injury

There are approximately 160,000 traumatic brain injuries (TBI) in Canada every year. It is the leading cause of death in people under the age of 45. Many are left without the ability to work or perform activities of daily living (ADLs). ... [read more]

Tuesday, July 18, 2017 @ 8:01 AM

The ongoing scrutiny of experts as advocates: Thompson v. Helgeson

Thompson v. Helgeson 2017 BCSC 927, a recent case of the British Columbia Supreme Court, provides a candid reminder about the duties of experts in personal injury litigation. ... [read more]

Thursday, July 13, 2017 @ 12:49 PM

Dutton Brock hires Duboff as associate

Michael Duboff has joined Dutton Brock LLP as an associate. He completed his articles with the Toronto firm and was called to the bar this year. ... [read more]