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Personal Injury

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Tuesday, August 20, 2019 @ 12:17 PM

Negligent parenting allegation does not trigger auto insurance coverage, court rules

An Ontario court has struck a “mortal blow” to negligent parenting allegations being used in auto insurance claims where there is no link to operation of the vehicle, says a lawyer. The Aug. 14 Ontario Appeal Court decision in Hunt v. Peel Mutual Insurance Company 2019 ONCA 656 involves an appellant’s unsuccessful attempt to have his girlfriend’s insurance company defend him against a lawsuit by his daughter ... [read more]

Tuesday, August 20, 2019 @ 8:43 AM

Fine balance needed by courts in third-party litigation funding darkfacebehinddollars_sm

The first time that third-party funding was approved for an Ontario class action was Dugal v. Manulife Financial Corp. [2011] O.J. No. 1239. Justice George Strathy took a deep look at the nature of class actions and decided to approve it. Several years later, Justice Paul Perell has taken the court’s supervision of the process one step further. Previously, the view was that the judge could either approve the litigation funding agreement or not. In Houle v. St. Jude Medical Inc., 2017 ONSC 5129, Justice Perell took the innovative step of directing the plaintiff and its funder to make specific changes to the funding agreement. ... [read more]

Monday, August 19, 2019 @ 9:55 AM

New insurance associate for Blaney McMurtry

Blaney McMurtry announced that Lydia Yu has joined the firm. ... [read more]

Friday, August 16, 2019 @ 8:33 AM

Structured settlements: Hopes and dreams or real and certain | Julius Melnitzer

Personal injury lawyers should examine the feasibility of structured settlements (a settlement paid out as an annuity, not all in one lump sum) more closely in today’s low interest environment, a veteran plaintiff’s counsel maintains. ... [read more]

Thursday, August 15, 2019 @ 3:03 PM

The use of surveillance at trial Camera lens

A decision recently released by the Ontario Court of Appeal provides helpful guidance on the use of surveillance at trial. ... [read more]

Wednesday, August 14, 2019 @ 2:27 PM

Three new associates for McLeish Orlando

McLeish Orlando LLP announced that Nicole Fielding, Courtney Stewart and Taraneh Etemadi have joined the Toronto personal injury law firm as associates. ... [read more]

Wednesday, August 14, 2019 @ 12:27 PM

Insurance case stresses importance of both objective, subjective evidence, says lawyer Jonathan_Abrametz_sm

Saskatchewan’s Appeal Court has reinforced the principle that both “objective and credible subjective evidence” must be heard, says the lawyer of a farmer who was wrongfully denied extended income benefits after testifying an auto accident left him unable to work. ... [read more]

Wednesday, August 14, 2019 @ 9:18 AM

In defence of the jury system in Ontario | Michael Smitiuch

On matters concerning injury victims, it is not very often that my views align with those of the defence bar in Ontario. So when I read the submissions made by Canadian Defence Lawyers (CDL) about the proposed revamping of the jury system and agreed with most of their general points, this caused me some concern. As a plaintiffs’ lawyer representing only injury victims, how could it be that I was seemingly on the same page as those who so often stand between victims and their pursuit of justice? ... [read more]

Monday, August 12, 2019 @ 10:44 AM

TRESPASS - To person - Assault - Battery - Defences

Action for damages suffered as a result of the defendants, the plaintiff’s parents and sister, influencing or coercing her to have a therapeutic abortion in 1992 when she was 17. ... [read more]

Friday, August 02, 2019 @ 2:26 PM

Remedies to address abuse, negligence allegations in care homes Elderly man facing window

Over the past decade the number of injuries sustained by elderly residents in long-term care homes in Ontario has increased dramatically; so much so the province’s ombudsman launched a systematic investigation into this issue in 2010. A legislative overhaul of care homes in the province was made shortly thereafter. ... [read more]