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Personal Injury

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Wednesday, September 20, 2017 @ 3:23 PM

Ontario Court of Appeal rules on U.S. state being an 'inadequately insured motorist' Richard Campbell sm

The Ontario Court of Appeal has partially upheld a lower court’s decision in a case involving a traffic accident determining that the state of Minnesota is an “inadequately insured motorist.” However, it also ruled that the motion judge erred in deciding that U.S. fees can be claimed against an insurance company as special damages. ... [read more]

Tuesday, September 19, 2017 @ 3:07 PM

CRIMINAL INJURY COMPENSATION - Appeals and judicial review - Entitlement

Appeal by Johnson from a decision of the Alberta Criminal Injuries Review Board (Board) denying him benefits for injuries he suffered as a result of a crime. ... [read more]

Tuesday, September 19, 2017 @ 2:37 PM

Concussion study raises questions about return to play protocol | Layth Gafoor

But Canadian Guideline on Concussion in Sport, released by the Public Health Agency of Canada, takes a less dim view of an athlete's recovery and is expected to remain influential. ... [read more]

Thursday, September 14, 2017 @ 9:36 AM

Scales of justice are tipped against high personal injury jury awards | Patrick Brown

Appellate courts have shown no reluctance to overturn generous damages, while leaving small awards intact. With the cost of appealing out of reach for most plaintiffs, the system provides a win-win for the insurance industry. ... [read more]

Monday, September 11, 2017 @ 9:50 AM

Healing old wounds: Effective mediation of personal injury claims

There are ways to maximize settlement opportunities in the mediation of claims — including slips and falls, motor-vehicle accidents and intentional torts such as battery — that will make a real difference in the outcome. ... [read more]

Friday, September 08, 2017 @ 9:28 AM

Factoring in plaintiff’s age and occupation to the earnings curve

Jane is a 59-year-old real estate lawyer who was injured in a car accident. She will be unable to continue working. Jane is claiming she has suffered a loss of income due to her injuries, and she has estimated her losses based on her earnings immediately before the accident, projected out until her planned retirement age of 67. Is this the correct approach? ... [read more]

Thursday, August 31, 2017 @ 3:20 PM

Disabled Ontarians will benefit from first substantial changes to support program in 20 years

The Ontario budget unveiled in April contains a number of changes that will affect those who receive funding from the Ontario Disability Support Program in many different ways, allowing households to have more exempt income and assets while still being eligible to receive funding from the program. ... [read more]

Thursday, August 31, 2017 @ 7:06 AM

Recalls of tainted medical marijuana could lead to an increase in class actions, lawyers say Ted Charney

Recent medical marijuana recalls and the impending broad legalization and regulation of pot could mean future class actions aimed at tainted bud, lawyers say. ... [read more]

Monday, August 28, 2017 @ 8:43 AM

A matter of life and death: Urgent call for a new wrongful death statute in B.C. | Sandra Kovacs

Despite repeated calls for change from grieving families, the province's fatal accidents legislation has yet to be amended to allow bereavement damages. The new NDP government has a chance to follow other jurisdictions and set things right. ... [read more]

Monday, August 21, 2017 @ 9:09 AM

Estimating unreported income can be a challenge in tort personal injury claims hidden_income_sm

Underground economic activity in Canada is substantial, and failing to report income that comes from cash payments is illegal — making it difficult for plaintiffs in personal injury cases to substantiate income loss claims. ... [read more]