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Personal Injury

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Monday, January 06, 2020 @ 8:21 AM

Laying the groundwork for admission of expert evidence brick_wall_sm

A recent decision by Ontario Superior Court Justice Phillip Sutherland, in an ongoing civil trial, emphasized the gatekeeper role of trial judges when considering the admissibility of expert evidence. ... [read more]

Thursday, January 02, 2020 @ 11:34 AM

Tomec v. Economical: Ruling on limitation periods protects injured plaintiffs Disability insurance form

The Ontario Court of Appeal ruled in a decision released Nov. 8, 2019, that limitation periods under the Statutory Accident Benefits Schedule (SABS) are subject to discoverability and are not to be considered “hard limitation periods.” ... [read more]

Tuesday, December 24, 2019 @ 11:45 AM

Taking the pulse of disability rights in Canada People with disabilities

With the recent International Day of Persons with Disabilities, it seemed an apt time to take the temperature of Canadians with disabilities, looking at the challenges they face, policy initiatives on the ground and future opportunities for change. ... [read more]

Friday, December 20, 2019 @ 10:41 AM

Standard of review post-Dunsmuir: Reasonable or incorrect? | Heather MacIvor

In spring 2018 the Supreme Court of Canada signalled a seismic change in its jurisprudence on administrative law. It granted leave to hear three appeals — two of which were later merged into one — and invited submissions on the standard of review. The appeals were heard in December 2018, and the decisions finally issued on Dec. 19, 2019, (Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65, and Bell Canada v. Canada (Attorney General) 2019 SCC 66). ... [read more]

Thursday, December 19, 2019 @ 2:37 PM - Last Updated: Friday, December 20, 2019 @ 11:06 AM

SCC rewrites standard of review framework for administrative law in landmark trilogy Aubin Calvert

In a bid to enhance clarity, predictability and access to justice in a muddled area of law that impacts many Canadians, seven of nine judges of the Supreme Court of Canada have collaborated to devise a new standard of review framework which emphasizes that courts should presumptively exercise deference when overseeing administrative decision makers, while also retaining “limited” scope for correctness review. ... [read more]

Thursday, December 19, 2019 @ 1:26 PM

Autonomous vehicles and collection of personal data Autonomous car with data

Autonomous vehicles have the potential to reduce human error and increase driver safety. In order to do so, these vehicles must collect a driver’s personal data. But what does this mean for individuals involved in motor vehicle accidents? ... [read more]

Thursday, December 19, 2019 @ 6:25 AM

ASSESSMENT OF DAMAGES - Limiting factors - Contributory negligence - Duty to mitigate

Appeal by the defendant from a jury trial verdict in which it was found 75 per cent liable for the plaintiff's damages. ... [read more]

Tuesday, December 17, 2019 @ 2:29 PM

Ruling questions default prejudgment interest on non-pecuniary damages Scissors cutting money

In MacLeod v. Marshall 2019 ONCA 842, the Court of Appeal confirmed that Ontario courts have discretion when setting the prejudgment interest (PJI) rates for non-pecuniary damages arising from personal injury actions, thereby signalling a possible shift away from the default rule of five per cent PJI as contemplated by Rule 53. ... [read more]

Monday, December 16, 2019 @ 9:31 AM

CIVIL PROCEDURE - Charge to jury - Pre-judgment interest

Appeal by the defendants from a jury verdict and an order for pre-judgment interest. ... [read more]

Friday, December 13, 2019 @ 11:22 AM

Failure to do deal with insured in good faith leads to punitive damages Hands going through forms

A recent disability decision offers a compelling wake-up call for insurers who unreasonably refuse to pay a claim. ... [read more]