Focus On

Personal Injury

Latest

Thursday, May 21, 2020 @ 8:42 AM - Last Updated: Thursday, May 21, 2020 @ 9:39 AM

How COVID-19 helped Ontario’s court system | Michael Lesage

Prior to the emergence of COVID-19, the Ontario court system was barely functional. Intended to justly adjudicate matters in the most expeditious and least expensive manner, it had strayed badly off course. In the process, it had devolved into a nadir of bureaucratic rituals and pageantry that increasingly left it accessible only to big business and the most well off. ... [read more]

Wednesday, May 20, 2020 @ 6:55 AM

LIMITATIONS OF ACTIONS - Which limitation period applies

Appeal by the plaintiff from the dismissal of her medical malpractice action as statute barred. ... [read more]

Tuesday, May 19, 2020 @ 2:57 PM

COVID-19 shows why catastrophically injured should know about structured settlements Signing document

The settlement of a personal injury claim can be a life-changing financial decision for any injured person, yet many will make that decision without having been informed of all aspects of the law and regulations that impact personal injury settlements before their settlement is finalized. One example of this potential informational blind spot is a structured settlement. ... [read more]

Friday, May 15, 2020 @ 3:23 PM

Can an unborn child make wrongful life claim? Fetus

While a “wrongful life” claim is a novel question of law, it is certainly not a rare one. This type of claim has been examined by the Canadian courts on several occasions and, most recently, by the Ontario Superior Court of Justice in Florence v. Benzaquen 2020 ONSC 1534. ... [read more]

Wednesday, May 13, 2020 @ 12:03 PM

Falls in health care: Uncovering root cause Fall risk bracelet

Now that the patient is back in bed with their wounds attended to after their fall, and the regular assessment for post-fall signs and symptoms has been done, uncovering the root cause of the fall is critical. A recent fall would precipitate further assessment and discussion about what happened when the patient fell and how to ensure the patient remains safe. ... [read more]

Wednesday, May 13, 2020 @ 9:46 AM

Largest COVID-19 class action in Canada launched against long-term care chains Darryl Singer

As the COVID-19 pandemic claims the lives of older Canadians, the long-term care homes in which they reside are facing growing accusations of negligence. ... [read more]

Tuesday, May 12, 2020 @ 1:29 PM

Uncertainty surrounding extension of limitation periods at LAT: Recent cases 2 people pull on clock

The first part of this article discussed competing cases regarding the applicability of s. 7 of the Licence Appeal Tribunal Act (LAT Act), which provides the tribunal with the discretion to relieve against a missed limitation period. This second part will address cases since the conflicting case and will comment on the direction an appellate court may take. ... [read more]

Tuesday, May 12, 2020 @ 11:12 AM

Appeal allowed on issue of causation in breach of fiduciary duty case, court rules William_Black_sm

The Ontario Court of Appeal has allowed the appeal of a medical researcher against a claim of negligence for the death of a participant in a clinical research trial. Counsel involved in the case noted that the court has “clarified and confirmed the role of causation in the setting of a claim for a breach of fiduciary duty.” ... [read more]

Tuesday, May 12, 2020 @ 9:23 AM

MOTOR VEHICLES AND HIGHWAY TRAFFIC - Liability - Civil actions

Appeal by the plaintiff from dismissal of a personal injury claim arising from an automobile accident. ... [read more]

Tuesday, May 12, 2020 @ 8:31 AM

Access to Justice: Visionary thinking to update a legacy system | Beverley McLachlin

In my last column, I wrote about the need to use the pandemic in which we find ourselves to rethink how we can improve the justice system. ... [read more]