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Personal Injury

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Monday, May 08, 2017 @ 7:04 AM

Ontario court rules Starbucks ‘occupier’ of adjacent sidewalk in personal injury case Murray Tkatch

Commercial establishments that rely on a portion of municipal property to welcome customers should take note of an Ontario Court of Appeal decision released last week. ... [read more]

Thursday, May 04, 2017 @ 8:42 AM

Patients First Act becomes law in Ontario

On Dec. 8, 2016, the Patients First Act (Patients First) received royal assent. Patients First could pave the way for unprecedented intervention in the governance of health service providers (HSPs). ... [read more]

Tuesday, May 02, 2017 @ 7:11 AM

Contingency fees ensure access to justice

Contingency fees, where lawyers charge a percentage of the damages recovered, are synonymous with access to justice. This fact has been repeated by numerous Courts at all levels. So why are contingency fees recently under attack on numerous fronts, and why would anyone want to restrict access to justice? ... [read more]

Friday, April 28, 2017 @ 12:26 PM

B.C. appeal court upholds negligence ruling against hospital, nurses Barbara Webster-Evans

In upholding a lower court’s awarding of damages to a man who suffered a permanent brain injury after attempting suicide at a downtown Vancouver hospital, British Columbia’s Court of Appeal has relied on the evidentiary doctrine of subsequent repair, according to veteran Ontario civil litigator James Morton. ... [read more]

Friday, April 28, 2017 @ 8:40 AM

Bridging the chasm between Big Law and clients | Julius Melnitzer

This is not fake news: “Not a single client interviewed was satisfied with what law firms provide.” ... [read more]

Thursday, April 27, 2017 @ 5:24 PM

Law society approves absolute cap of $25,000 on referral fees Mercer top

The Law Society of Upper Canada (LSUC) on April 27 approved a fixed cap of $25,000 on referral fees. ... [read more]

Wednesday, April 26, 2017 @ 8:49 AM

Privacy laws struggle with ‘smartphones on wheels’ WiFi car

In late March 2017, the Office of the Privacy Commissioner of Canada (OPC) appeared before the Senate Committee on Transportation and Communications to discuss some of the privacy issues associated with connected and automated vehicles. Over the past few years, the OPC and other organizations have been studying the privacy concerns surrounding connected and automated cars. However, as of yet, there are no comprehensive policies addressing privacy and modern automobiles. ... [read more]

Tuesday, April 25, 2017 @ 12:56 PM

Enforcement the key to a lawyer referral fee cap

The end to excessive lawyer referral fees may be as near as April 27 when the Law Society of Upper Canada will vote on capping referral fees paid to all referring lawyers/paralegals for referral arrangements entered into on or after May 1, 2017. ... [read more]

Monday, April 24, 2017 @ 8:27 AM

My view from ‘the dark side’ of personal injury law | Sandra Kovacs

For the first decade of my legal career I was an insurance defence litigator.  Firmly entrenched in that practice, I will reluctantly admit that my then-impression of the opposing counsel who worked for injured plaintiffs, with notable exceptions, was clichéd.But last year, after acting as defence counsel in a bodily injury trial, my opposing counsel’s firm offered me a job. My first reaction was to dismiss the offer as fanciful. How could I possibly walk away from being a proud member of the defence bar to become an “ambulance chaser”? ... [read more]

Wednesday, April 19, 2017 @ 10:09 AM

Court decisions that will greatly affect future cost of care awards

The intention of this article is to explain three categories of damages claimed and awarded in cost of care claims and to substantiate these by a review of relevant jurisprudence. The three categories of damages are: past housekeeping costs, applicable discount rates and allowance for financial management and administration costs. These have become common subject areas for discussion. ... [read more]