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Personal Injury

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Friday, April 13, 2018 @ 8:35 AM

TYPES OF DAMAGES - General damages - For personal injuries - Non-pecuniary loss - Pain and suffering

Appeal by the defendants from a $225,000 general damages award made by a jury in the respondent’s favour for pain and suffering she suffered as a result of a motor vehicle accident. ... [read more]

Wednesday, April 11, 2018 @ 7:12 AM

Judge ‘shocked’ by JDR room full of ‘very large dark men’ does ‘not harbour racist views’: federal judicial council Justice Kristine Eidsvik

An Alberta judge who publicly expressed her “shock” in unexpectedly encountering a judicial dispute resolution room “full of very large dark men” does “not harbour racist views” the Canadian Judicial Council (CJC) states in a decision that critics say fails to adequately address or acknowledge unconscious and systemic racial bias on the federal bench. ... [read more]

Friday, April 06, 2018 @ 9:19 AM

Insurance know-how vital for plaintiff’s lawyer toolkit | Sandra Kovacs

To fully advocate for an injured plaintiff it is essential to have at least a basic understanding of how the insurance world works, first because the availability of insurance proceeds to satisfy any judgment or settlement is usually imperative, but also because there may be a tangled web of insurance responding on behalf of the defendant or defendants that can inform one’s strategy to maximize a client’s recovery. ... [read more]

Thursday, April 05, 2018 @ 8:52 AM

Complementary and primary coverage and implications for costs and settlement Ashley Peacock

If coverage is complementary and not overlapping, does the insurer provide primary or excess coverage? What then are the insurer’s obligations regarding contribution to defence costs and settlement? The Ontario Superior Court in Aviva Insurance Company v. Intact Insurance Company 2018 ONSC 238 was faced with the foregoing questions. ... [read more]

Wednesday, April 04, 2018 @ 12:31 PM

Ontario Court of Appeal restores arbitrator’s decision in insurer dispute Eric Grossman sm

The Ontario Court of Appeal has allowed an appeal in a dispute between insurers in a decision which emphasizes that the standard of review is reasonableness when a question of law is being determined by an arbitrator within a statutory accident benefits schedule (SABS) context. ... [read more]

Tuesday, April 03, 2018 @ 11:17 AM

Consumer law cannot be used to strike down valid waivers under Occupiers’ Liability Act, court rules John Olah sm

The Ontario Court of Appeal has ruled that sections of the Consumer Protection Act (CPA) undermined sections of the Occupiers’ Liability Act (OLA) in relation to waivers in a decision counsel say will have an impact on the sports and recreation industry. ... [read more]

Tuesday, April 03, 2018 @ 8:37 AM

New rules needed for partisan doctors | Patrick Brown

“First, do no harm”, one of the many promises within the Hippocratic Oath that is taken by medical students prior to beginning their practice. In personal injury cases, doctors are constantly consulted to provide opinions as to the extent of a person’s injuries. So what happens when doctors and medical professionals deviate from their duty to provide opinions that are fair, objective and non-partisan? ... [read more]

Tuesday, April 03, 2018 @ 8:19 AM

PROCEEDINGS - Practice and procedure - Limitation periods

Application by the defendant Her Majesty the Queen in Right of the Province of British Columbia (Province) and the defendant Attorney General of Canada (Canada) for summary judgment dismissing Surakka's claim for damages on the grounds it was not filed within the time required by the Limitation Act. ... [read more]

Thursday, March 22, 2018 @ 1:19 PM

Lawyer had no authority to interfere with client’s removal from life support, court rules

A lawyer who interfered with a family’s decision to take her client off life support has decided to appeal to the Supreme Court of Canada after being taken to task by the Ontario Court of Appeal. ... [read more]

Wednesday, March 21, 2018 @ 8:58 AM

Drawing the line between consultation and collaboration with expert witnesses collaborative

In 2015, the Ontario Court of Appeal confirmed in Moore v. Getahun 2015 ONCA 55, that it is appropriate and essential for counsel to consult and collaborate with expert witnesses in preparing expert reports. However, this practice is not without limits considering an expert’s duty to provide a fair, objective and non-partisan opinion. In this third article in a series on expert evidence, the jurisprudence on where counsel should draw the line in providing input to an expert witness is surveyed. ... [read more]