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Personal Injury

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Monday, December 21, 2020 @ 7:08 AM

TYPES OF DAMAGES - For personal injuries - Special damages - Expenses and expenditures

Appeal by the plaintiff from a jury award for special and non-pecuniary damages in a personal injury action. She also argued the trial was unfair because the judge erred in his instructions to the jury and the respondents’ trial counsel also made unduly prejudicial comments to the jury. ... [read more]

Thursday, December 17, 2020 @ 1:14 PM

Personal injury firms team up to raise funds for health-care workers

In response to the growing global pandemic, Ontario-based law firm PIA Law announced that it has partnered with the Frontline Fund to raise $100,000 for Canada’s health-care workers. ... [read more]

Thursday, December 17, 2020 @ 12:26 PM

Court fills gap in B.C. Labour Relations Code for wrongfully terminated employees Peoplenegotiatinghands

In a recent B.C. decision, Goldman v. Fraser Valley Aboriginal Children and Family Services (c.o.b. Xyolhemeylh) 2020 BCCA 300, the Court of Appeal considered whether the court or Labour Relations Board is the more appropriate forum for a wrongful dismissal action where an employee is terminated after the certification of a bargaining agent but before the negotiation of a first collective agreement. ... [read more]

Thursday, December 17, 2020 @ 10:56 AM

Bill 41 and proposed changes to Alberta’s Insurance Act Policy form with pen

This year has brought many changes and in keeping with that theme, the government of Alberta introduced significant amendments to the Insurance Act through Bill 41, the Insurance (Enhancing Driver Affordability and Care) Amendment Act, 2020 on Oct. 29. ... [read more]

Wednesday, December 16, 2020 @ 8:55 AM

2020: A difficult year that will help move justice system forward | Charlene Theodore

How do we best describe the events of 2020? Countless news articles have already documented the torment of the pandemic. The pain of racial inequality brought to light once again by the senseless deaths of Black and Indigenous people has made more people keen to leave this past year in the rear view mirror. ... [read more]

Tuesday, December 15, 2020 @ 2:21 PM

How do you approach case dealing with mild traumatic brain injury? SPECT images of brain

Concussion/mild traumatic brain injury (mTBI) cases are challenging primarily because objective evidence, until now, has been lacking. Most cases dealing with concussion/mTBI are presented only with subjective evidence, which includes the client’s reported symptoms post injury, including collateral witnesses, health-care treaters and work colleagues who can comment on changes observed in the injured person both pre- and post injury. ... [read more]

Tuesday, December 15, 2020 @ 12:44 PM

Can Minor Injury Guideline be addressed as a stand-alone issue? Insurance claim form with calculator

The Minor Injury Guideline (the MIG) sets a framework for the treatment of alleged minor injuries in a statutory accident benefits schedule claim. Unfortunately, for many who are injured in motor vehicle accidents, the funding limits of the MIG do not go far. Accordingly, the issue as to what allows for transition out of the MIG in a claim for accident benefits is a common concern among accident victims and personal injury lawyers. ... [read more]

Tuesday, December 15, 2020 @ 8:46 AM

COVID-19 put courts, integrity of Ontario’s civil jury system on trial | Julius Melnitzer

Citing the uncertainty as to when civil jury trials might resume during the pandemic, motions to strike juries have proliferated. Critics pointed to the extra effort, co-ordination, length and expense jury trials required, as well as the strain on jurors and demanded their elimination. ... [read more]

Monday, December 14, 2020 @ 1:51 PM

Why should lawyers care about what doctors feel? Doctor holds legal book

The edited version of the conversation goes something like this. Lawyers: “Doctors are defensive, arrogant and a pain in the a$$.” Doctors: “Lawyers are belligerent and heartless and don’t know a thing about medical practice.” I have been the middleman for this discussion many times and assumed this was how it went when a lawyer questioned a doctor. ... [read more]

Monday, December 14, 2020 @ 10:24 AM

Behind masks: First Ontario civil jury trial during COVID | Moya Graham, Leah Ostler, Morgan Watkins

Against the new backdrop of e-litigation and virtual hearings, on Sept. 30, 2020, our trial team joined opposing counsel, the judge, jury and court staff at the 330 University Ave. courthouse in Toronto to participate in the first civil jury trial in Ontario since the COVID-19 pandemic commenced. ... [read more]