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Personal Injury

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Wednesday, March 21, 2018 @ 8:58 AM

Drawing the line between consultation and collaboration with expert witnesses collaborative

In 2015, the Ontario Court of Appeal confirmed in Moore v. Getahun 2015 ONCA 55, that it is appropriate and essential for counsel to consult and collaborate with expert witnesses in preparing expert reports. However, this practice is not without limits considering an expert’s duty to provide a fair, objective and non-partisan opinion. In this third article in a series on expert evidence, the jurisprudence on where counsel should draw the line in providing input to an expert witness is surveyed. ... [read more]

Wednesday, March 21, 2018 @ 8:53 AM

NEGLIGENCE - Duty and standard of care - Emergencies

Appeal by the plaintiff from summary judgment dismissing her Family Law action in negligence and from the cost award against her. ... [read more]

Tuesday, March 20, 2018 @ 9:19 AM

NL lawyers launch campaign against minor injury cap Valerie Hynes

The government of Newfoundland and Labrador may be going where every other jurisdiction in the country has already gone: implementing a cap on minor injuries suffered as the result of automobile accidents. In an effort to modernize its auto insurance system, the government is in the midst of a comprehensive review. New legislation is expected to be in place this fall. ... [read more]

Monday, March 19, 2018 @ 2:05 PM

New federal rules on auto recalls overdue, lawyers say Dale Orlando, McLeish Orlando LLP

The federal government has been given new powers to order motor vehicle recalls, a move observers say was long overdue and necessary due to major shifts coming in terms of technology in people’s cars and the legal profession generally. ... [read more]

Monday, March 19, 2018 @ 9:29 AM

Judge who sexually harassed court staffer quietly quit; unlike the U.S., #MeToo hasn’t hit Canadian judiciary TLD Exclusive

A superior court judge who subjected a court staffer to sexualized contact in the workplace quietly resigned after a Canadian Judicial Council (CJC) investigation, without the judicial disciplinary body publicly disclosing his actions until now. ... [read more]

Monday, March 12, 2018 @ 9:40 AM

Ontario concussion safety legislation sets standard for Canada, lawyers say Alison Burrison sm

Ontario has become a national leader in concussion management by passing legislation aimed at protecting amateur athletes. The new law sets an example that, lawyers say, may be adopted nationwide. ... [read more]

Friday, March 09, 2018 @ 8:36 AM

ASSESSMENT OF DAMAGES - Deductions - Bars - Duplicative claims - Set-off

Appeal by Diwell and AMS, and cross-appeal by Warick, from the award for future care costs in her personal injury action. ... [read more]

Thursday, March 08, 2018 @ 10:27 AM

International Women’s Day a call to arms for lawyers | Leanne Townsend

It’s International Women’s Day 2018 and it’s a great time to be a woman. There is an energetic movement underway resulting from the momentum of the #MeToo and #TimesUp campaigns. Women are joining forces and banding together in unprecedented ways, holding men who have abused their power accountable and demanding equal treatment. ... [read more]

Wednesday, March 07, 2018 @ 1:05 PM

Alberta Court of Appeal overrules lower court on ambiguity in auto insurance policy Michelle Grose, Dean Duckett Carlson LLP

The Alberta Court of Appeal has held that a lower court erred when ruling a provision in an automobile insurance policy was ambiguous, stating the language in the policy was clear and there was no reason to interpret it differently. ... [read more]

Tuesday, March 06, 2018 @ 12:26 PM

Experts weigh in on summary judgment motions at Toronto Lawyers Association panel

When the Supreme Court created the “culture shift” toward the expanded use of summary judgments in Hryniak v. Mauldin 2014 SCC 7, it appeared to set the standard for a quicker, simpler, cheaper way of delivering justice. What has actually happened, however, hasn’t been quite so simple. ... [read more]