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Friday, June 16, 2017 @ 08:37 AM

Impact of structured settlements on family law claims

In Hunks v. Hunks 2017 ONCA 331, a unanimous Ontario Court of Appeal determined that structured settlements annuity payments are income rather than property. Family law clients who suffer injuries during marriage and their lawyers will want to understand the options available for payment of settlement funds and the impact of structured settlements on potential family law claims. Depending on the size of the settlement, the financial consequences for clients on separation could be considerable. ... [read more]

Thursday, June 15, 2017 @ 01:00 PM

U.S. Chamber pushes for mandatory disclosure in third party litigation funding Jasminka Kalajdzic

The U.S. Chamber of Commerce and its affiliated Institute for Legal Reform, along with more than two dozen business groups and legal organizations, have submitted a controversial letter calling for the mandatory disclosure of third party litigation funding arrangements (TPLF) in any civil action filed in U.S. federal court. ... [read more]

Thursday, June 15, 2017 @ 08:49 AM

Slip and falls: technology putting more science into friction Slip and falls

The litigation of slip and fall claims in Ontario is changing with the advance of technology. ... [read more]

Thursday, June 15, 2017 @ 08:43 AM

Wellness: Does the Law Society Tribunal have a duty to accommodate? | Darryl Singer

Those who practise in the areas of human rights law and employment law are familiar with the concept of “duty to accommodate.” At the intersection of employment legislation and the Ontario Human Rights Code, employers have long been held to have a duty to accommodate an employee with disability. Addiction and mental health issues are deemed disabilities. ... [read more]

Tuesday, June 13, 2017 @ 09:00 AM

Use of 'crumbling skull' doctrine leads to new trial in B.C. court

The British Columbia Court of Appeal has ordered a new trial in a personal injury case, finding that “the use of the phrase ‘crumbling skull’ to describe a plaintiff’s condition is, in any event, rarely helpful” and that complete analysis by the court is required. ... [read more]

Tuesday, June 13, 2017 @ 08:31 AM

VICARIOUS LIABILITY - Liability of employer for acts of employee

Appeal by the plaintiff, Ivic, from dismissal of her action as against the defendant, United Taxi. The plaintiff attended a party. A friend arranged for a taxi after the plaintiff became intoxicated and felt unwell. The plaintiff alleged the taxi driver sexually assaulted her. The plaintiff sued the driver, the owner of the taxi and the taxi company. The plaintiff alleged the taxi company was vicariously liable for the driver's acts, was negligent, and breached the fiduciary duty it owed to her as a passenger. The order under appeal granted the taxi company summary judgment dismissing the plaintiff's claims as against it. The motion judge noted that the driver had no criminal record and the taxi company had no knowledge he might have a propensity for sexual or other violence. The plaintiff appealed the motion judge's findings on the issue of the taxi company's vicarious liability. ... [read more]

Monday, June 12, 2017 @ 11:23 AM

Neinstein's Pacheco wins Women's Caucus Award

Neinstein Personal Injury Lawyers’ Daniela M. Pacheco was recently presented the Ontario Trial Lawyers Association’s (OTLA) Women’s Caucus Award. ... [read more]

Friday, June 09, 2017 @ 09:05 AM

Don’t get the retirement age wrong in personal injury claims Golden eggs

The selection of a retirement age is generally a key assumption in the quantification of personal injury claims. When an employee participates in a defined benefit pension plan, it is often assumed that the most appropriate retirement age is when the employee is eligible for an unreduced pension. An unreduced pension is often described as a full pension, thereby suggesting that a rational employee will choose to retire when they have maximized their pension. However, an “unreduced pension” and a “full pension” are not one and the same. ... [read more]

Monday, June 05, 2017 @ 08:40 AM

Litigating pediatric brain injuries takes a multidisciplinary team

Litigating a traumatic brain injury presents diverse medico-legal challenges that require harmony between an individual’s health care team and their legal team. In cases involving children, these challenges become even more complex. ... [read more]

Friday, June 02, 2017 @ 04:20 PM

SCC says psychiatric diagnosis not a prerequisite to mental injury claims Russell Brown

Tort victims may recover damages for their mental injuries, without proving that they have a medically recognized psychiatric or psychological illness or condition, the Supreme Court has ruled in a 9-0 decision which may open the door wider for psychological damages claims. ... [read more]