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Personal Injury

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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]

Wednesday, December 11, 2019 @ 10:38 AM

Off-coverage positions and timing of a breach of policy defence Businesswoman tearing up paper

Once notified of an accident, although it is prudent for an insurer to consider whether there is a coverage issue at the outset of a dispute, this may be easier said than done. The question of when an insurance company is allowed to declare that a policy will not cover a particular accident has and will continue to arise in litigation. ... [read more]

Tuesday, December 10, 2019 @ 12:54 PM

Trusting contractor to obtain sufficient insurance may lead to headaches Man falling back onto hand

With winter’s arrival, ’tis the season for slips, trips and falls. To keep their visitors safe, many property owners contract out their winter maintenance. Customarily, these maintenance contracts require the contractor to obtain comprehensive general liability insurance, naming the property owner as an additional insured. But what happens if they don’t? ... [read more]

Monday, December 09, 2019 @ 11:40 AM

Charter on death: Religious conscience, legislation | Barry W. Bussey

Should the law accommodate religious conscience in the definition of death?  ... [read more]

Friday, December 06, 2019 @ 1:22 PM

Law firm marketing: Asking the big questions | Jana Schilder

There are two truths in law firm marketing for the coming year that have not changed in decades: One is that business is always about who is willing to give your firm the business as opposed to a competitor. And two, the best lawyers constantly take action to expand their “sphere of influence.” ... [read more]

Thursday, December 05, 2019 @ 2:39 PM

Time to think about daylight saving time injuries Hand on alarm clock

Changing our clocks twice a year can have a much greater affect on our bodies and lives than you might think. Research has shown that daylight saving time affects our productivity at work, our health and even road safety. ... [read more]

Thursday, December 05, 2019 @ 11:10 AM

Serving legal papers via social media Thumbsupicon.ca

As many lawyers know, locating and personally serving a defendant with a statement of claim can at times be an onerous process and it can especially be troubling if you are having difficulties locating the defendant. ... [read more]

Wednesday, December 04, 2019 @ 9:41 AM

Sidewalk slip-and-fall case may be headed to B.C. Court of Appeal over duty of care argument

A B.C. judge has ruled against a man who argued a “novel” duty of care for pedestrians should be established in circumstances where a property owner does not properly clear a sidewalk, an issue that may find itself before the provincial Court of Appeal. ... [read more]