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Personal Injury


Wednesday, May 16, 2018 @ 9:23 AM

Court of Appeal sets higher standard to protect injured workers from wrongful conviction, counsel says Andrew Bigioni sm

The Ontario Court of Appeal has allowed three appeals regarding offences under the Workplace Safety and Insurance Act in a decision, counsel says, that sets a higher standard for courts to follow when convicting under subsection 149(2). ... [read more]

Wednesday, May 16, 2018 @ 8:36 AM

PHYSICAL AND PSYCHOLOGICAL INJURIES - Head injuries - Brain damage - Concussion - Cognitive impairment

Appeal by the defendant Town from the award of damages to the plaintiff for injuries she sustained in a cycling accident and application by the Town for leave to appeal the award of costs. In 2006, the plaintiff, who was not wearing a helmet, fell off her bicycle after colliding with an undemarcated empty bollard bracket on a paved trail. ... [read more]

Tuesday, May 15, 2018 @ 10:38 AM

Dunsmuir revisited: If at first you don’t succeed… | Heather MacIvor

On May 10, 2018 the Supreme Court of Canada announced that it would hear three appeals from the Federal Court of Appeal (FCA). Most unusually, we were told why the Court granted leave: “The Court is of the view that these appeals provide an opportunity to consider the nature and scope of judicial review of administrative action, as addressed in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, 2008 SCC 9, and subsequent cases.” This is big news. ... [read more]

Tuesday, May 15, 2018 @ 8:34 AM

The futility of critique reports by expert witnesses courtroom silhouette_sm

While expert witnesses are traditionally retained to provide their opinion on an issue in a case, parties sometimes retain experts for a more tactical purpose — to critique the opposing expert. In this fifth article in a series on expert evidence, we highlight three decisions in which courts have questioned the utility of an expert witness’s “critique report”, and have ultimately placed little to no weight on it or excluded the evidence altogether. ... [read more]

Friday, May 11, 2018 @ 6:29 PM

SCC rules garage owner owed no duty of care to secure car from joyriding youth who crashed David Young

A youth who was catastrophically brain-injured as a result of a drunken joyride in a car he helped steal from a garage parking lot faces a more difficult future after the Supreme Court ruled 7-2 that the garage owed him no duty of care as it was not reasonably foreseeable that the defendant’s actions in leaving the car unlocked, with the keys in the ashtray, would lead to the teenager being injured in a car crash. ... [read more]

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]