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Personal Injury


Monday, October 23, 2017 @ 12:44 PM

B.C. Court of Appeal ruling clarifies family member exclusions in insurance cases Christopher Rhone, Branch MacMaster LLP

The British Columbia Court of Appeal has offered clarification in the concept of family member exclusions in homeowner insurance policies, a ruling the lawyer for the insurance company says creates “consistency and predictability” for insurers. ... [read more]

Friday, October 20, 2017 @ 9:52 AM

Study shows refugee children at increased risk of injury, but who is responsible?

Many of these children may not only be subject to injury due to accidents, but they may also have suffered from torture and persecution in their country of origin. Lawyers representing them in personal injury cases must apply the 'thin skull versus crumbling skull' doctrine when demonstrating causality. ... [read more]

Monday, October 16, 2017 @ 8:38 AM

HEALTH CARE PROFESSIONALS - Liability (malpractice) - Negligence - Causation - Failure to diagnose - Practice and procedure

Appeal by the plaintiffs from a jury verdict in a medical negligence action. ... [read more]

Friday, October 13, 2017 @ 1:40 PM - Last Updated: Friday, October 13, 2017 @ 5:17 PM

SCC rules Quebec municipalities not shielded from derivative claims by six-month limitation period Wagner

The Supreme Court has ruled 5-2 that the family members of a woman murdered by her abusive ex-spouse are not time-barred from seeking compensation from the City of Montreal for the emotional distress and other personal damages they suffered as a result of the wrongful death they blame police for failing to prevent. ... [read more]

Friday, October 13, 2017 @ 12:55 PM

ACTIONS AGAINST MUNICIPALITY - Bringing action - Limitation period

Appeal by the City of Montréal (City) from a judgment of the Quebec Court of Appeal setting aside a decision concluding that the action filed by the Dorvals and Bien-Aimée against the City of was prescribed. ... [read more]

Thursday, October 12, 2017 @ 10:34 AM

Marshall report would deny natural justice to many claimants | Alexander Voudouris

Stakeholders say the review of Ontario's auto insurance system relied on outdated, inaccurate statistics, and failed to quantify insurers’ profits and assess the role profits play in benefits being fairly delivered. ... [read more]

Tuesday, October 10, 2017 @ 3:35 PM

Missed opportunities when derivative claims for sexual abuse aren't considered

Both physical and psychological injuries affect survivors of sexual abuse and sexual assault directly. But in many cases, those close to the survivor are also harmed. Personal injury lawyers must ensure that valid derivative claims of family members are not neglected. ... [read more]

Tuesday, October 03, 2017 @ 9:53 AM

The legal challenges of chronic pain | Bernard Gluckstein and Jan Marin

Sufferers, many of whom turn to opioids for relief after an accident, face hurdles persuading the courts, including juries, that their invisible injuries are real and thus worthy of compensation. Personal injury lawyers need to anticipate these obstacles and take a proactive approach in such cases. ... [read more]

Tuesday, September 26, 2017 @ 10:46 AM

Small-business owner's role is crucial when assessing income loss due to injury

Some owners are more involved than others, and have a greater influence on an enterprise's operations and the bottom line. It's important for lawyers to identify and quantify the financial impact on a business whose owner is in an accident and absent from work. ... [read more]

Thursday, September 21, 2017 @ 12:32 PM

Ontario court decision on insurance limitation periods is one to watch

The province's highest court recently ruled that insurers are not obligated to advise insureds about the applicable limitation period when denying benefits. But it suggested that the legislature may want to consider imposing such a requirement, which is the case in Alberta and B.C. ... [read more]