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Personal Injury


Wednesday, December 20, 2017 @ 9:32 AM

‘Family member exclusion’ in insurance policy passes the test in B.C.’s top court Escalator

The British Columbia Court of Appeal unanimously reversed a lower court judgment in an insurance coverage dispute involving a fall from an escalator, ruling that an exclusion clause regularly found in homeowner insurance policies is unambiguous and operates to deny coverage in a broad range of instances. ... [read more]

Tuesday, December 19, 2017 @ 8:43 AM

Concussion legislation raises duty of care, education concerns, say personal injury lawyers Alison Burrison sm

Newly introduced legislation to protect amateur athletes from concussions is a good first step according to doctors and personal injury lawyers, but more needs to be done to ensure awareness gets through to parents of young athletes and that clear outlines for duties of care are established. ... [read more]

Friday, December 15, 2017 @ 11:14 AM

Court awards former Quebec paramedics $1.2M over subway scare Laurence Bourgeois Hatto

Quebec’s Superior Court has ordered Montreal’s transit authority to pay two former paramedics more than $1.2 million for a scare that left them unable to work in their profession. ... [read more]

Friday, December 15, 2017 @ 8:28 AM

Litigation costs lead to systemic inequality for road violence victims | Patrick Brown

Litigating on behalf of victims is becoming very difficult in the current legal climate. The financing of claims has become increasingly more expensive and well outside of what the ordinary litigant can afford. However, the same does not apply to insurance companies, which have the means to litigate their cases against the seriously injured. ... [read more]

Thursday, December 14, 2017 @ 8:32 AM

Employer liability for employees who drive while impaired by alcohol, cannabis

For many people, driving an automobile is a daily part of their work routine, either for getting to and returning from work, or for performing the duties of their employment. We do not propose here to examine an employer’s civil or criminal liability in situations where employees go about these activities in a normal way. Rather, we wish to examine a specific situation that unfortunately is fraught with serious risks for all concerned: an employer’s liability where an employee drives an automobile while intoxicated. ... [read more]

Wednesday, December 13, 2017 @ 9:13 AM

A look back at threshold motions in 2017 finds judges are giving a balanced analysis

To lawyers practising personal injury and insurance litigation, a topic of perennial interest concerns decisions with respect to the statutory threshold under the Insurance Act. As the year draws to a close, we examine the threshold motions that have been reported and the common themes that can help parties on both sides assess their risk in cases where the threshold is likely to be in dispute. ... [read more]

Monday, December 11, 2017 @ 10:50 AM

Ontario unveils new automobile insurance plan aimed at reducing costs, fraud Steve Rastin, Rastin & Associates

Ontario has released a plan to make automobile insurance more affordable by addressing fraud and providing better access to care, but observers say there needs to be some fundamental changes in the system to ensure it works to maximize the benefit for all consumers. ... [read more]

Friday, December 08, 2017 @ 9:36 AM

Behind the gurney: Exploring medical/legal cases from an expert’s perspective

Lawyers handling medical malpractice lawsuits should keep in mind the value that an expert witness can bring to such matters — and the folly of relying on inappropriate evidence. ... [read more]

Friday, December 08, 2017 @ 8:58 AM

B.C. Court of Appeal rules compensation for Forces veterans does not violate Charter Donald J. Sorochan

The British Columbia Court of Appeal has struck down a potential class action by members of the Canadian Forces against the federal government’s current compensation scheme for veterans, but a University of British Columbia law professor is saying the court may have erred in its interpretation of what positive obligations the Charter of Rights and Freedoms places on government. ... [read more]

Thursday, December 07, 2017 @ 9:51 AM

Supreme Court's ruling in Saadati puts physical, mental injuries on equal footing Mental injury

The key takeaway from the decision is that an injury is just that, and that there will be no substantive distinction in law or practice between a mental or physical injury — in part because it is becoming increasingly apparent that such dichotomies are not likely scientifically valid. This general theme may have application to a wide variety of other cases. ... [read more]