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Personal Injury

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Tuesday, August 18, 2020 @ 12:21 PM

Ontario Court of Appeal considers right to proceeds of after the event insurance People looking at insurance policy

The rise in popularity of after the event (ATE) insurance has led to a growing body of evolving case law. ATE insurance (also known as “adverse costs insurance”) insures a plaintiff against the risk of an adverse costs award if a plaintiff loses their personal injury claim or provides coverage for legal expenses and disbursements incurred by a plaintiff’s lawyer. ... [read more]

Tuesday, August 18, 2020 @ 5:59 AM

CIVIL PROCEDURE - Causes of action

Appeal by the plaintiff from the dismissal of his motion for summary judgment on the claim for negligence. The appellant sued the respondent for assault and negligence, claiming the respondent assaulted him and was negligent in assaulting the appellant with such a force that it caused the appellant permanent injuries. ... [read more]

Monday, August 17, 2020 @ 11:15 AM

Tips, tricks for a telephone court hearing Telephone headset and laptop

COVID-19 has caused sweeping changes in the legal system and society in general. One of the most significant changes to the legal system has been the rapid modernization of court processes, including court hearings conducted in modalities other than in-person court attendances, such as hearings by telephone. ... [read more]

Monday, August 17, 2020 @ 9:21 AM

ABUSE OF LEGAL PROCEDURE OR PROCESS - False arrest or imprisonment - Defences - Lawful authority

Appeal by the plaintiff from the dismissal of his motion to strike paragraphs of the respondents’ statements of defence. The appellant was declared bankrupt by a court in the Netherlands prior to his move to Prince Edward Island. ... [read more]

Friday, August 14, 2020 @ 1:41 PM

School bus cameras, red light cameras, return of photo radar schoolbus

Most traffic infractions go by unnoticed by any form of law enforcement. People speed. They run red lights. Some even ignore school bus lights. While gross actions that break the law often get reported by other motorists or cause accidents that lead to an investigation as a result of the results of the bad driving, many minor infractions go unreported. This lack of reporting can lead to a desensitization to these seemingly minor acts. However, it is these behaviours that often lead to worse consequences. ... [read more]

Friday, August 14, 2020 @ 10:26 AM

Lerners adds personal injury partner in Toronto

Lerners LLP announced that Alden Dychtenberg is a new partner in its Toronto office. A senior lawyer with more than 30 years of experience, Dychtenberg’s practice focuses on plaintiff personal injury. ... [read more]

Wednesday, August 12, 2020 @ 8:27 AM

Navigating the modern courtroom: Embracing the change | Karen Heath

The incessant tap-tapping of an enthusiastic typist is part of the steady thrum of courtroom din that you become accustomed to during a lengthy matter. The feverish note taking of a second chair grasping on to each uttered word from the witness is often punctuated by the distinctive tap of the enter key. A new line, a break in thought, nary a breath taken by the witness; and the melody resumes. For opposing counsel (and maybe even co-counsel) it is likely a nuisance. Depending on the real estate of the courtroom, it may border on intrusive. ... [read more]

Tuesday, August 11, 2020 @ 9:35 AM

Fifty shades of compliance: Automating privacy impact assessments automated_privacy_assessment_sm

What we consider to be private is subjective and contextual. Our views on privacy vary depending on the nuances of the culture, values and technology our personal data is handled within. This is why privacy does not always fit within the black and white letter of the law. Rather, privacy is a myriad of shades of grey. What further adds to the complexity of privacy is our fluctuating level of trust with companies that collect, use and disclose our personal information. ... [read more]

Monday, August 10, 2020 @ 9:35 AM

Church’s vicarious liability in Mount Cashel abuse scandal transcends religion, says lawyer Eugene_Meehan_sm

A Newfoundland court’s finding that the Archdiocese of St. John’s is vicariously liable for historical sexual abuse at the former Mount Cashel orphanage should be a warning to entities controlling lower institutions that there is a “continuing legal responsibility” to protect others, says a lawyer involved. ... [read more]

Monday, August 10, 2020 @ 8:18 AM

Opening statement at a mediation: An overview opening_statement_sm

A mediation brings collaboration to the adversarial process by shifting the focus away from an impending courtroom battle to the parties’ interests. Whether mandatory or voluntary, it is an opportunity to resolve a dispute without the high costs and delays associated with a trial. It is a rare moment when the parties have complete control over the timing and outcome of a claim. ... [read more]