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Personal Injury

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Wednesday, March 22, 2017 @ 01:50 PM

Chain-reaction accidents: Who pays?

The Ontario Superior Court of Justice has provided clarity as to how the fault attribution rules ought to be applied to loss transfer disputes in chain-reaction motor vehicle accidents. ... [read more]

Thursday, March 16, 2017 @ 08:53 AM

Law Society should leave referral fees alone | Darryl Singer

You would think from all the media hype and law society pronouncements, that the concept of referral fees among lawyers was a bad thing that harmed innocent clients. In fact, the reverse is true. ... [read more]

Tuesday, March 14, 2017 @ 12:46 PM

Private member’s bill looks to cap lawyers' contingency fees

A private member’s bill seeks to put a limit on Ontario lawyers’ contingency fees. ... [read more]

Monday, March 13, 2017 @ 03:27 PM

B.C. court determines allocation of fault in commercial host liability claim

In Widdowson v. Rockwell, the Supreme Court of British Columbia found that a man convicted of drunk driving and the pub that served him are jointly and severally liable for the accident that resulted in the plaintiff, Stuart Widdowson, suffering extreme injuries including brain damage. ... [read more]

Friday, March 10, 2017 @ 08:51 AM

Drawing the fine line between zealous advocacy and incivility

Like American politics, the legal profession has suffered a decline in civility. ... [read more]

Thursday, March 09, 2017 @ 08:36 AM

How the courts hold expert witnesses' feet to the fire

In an adversarial environment, lawyers on both sides will endeavour to put their best foot forward on behalf of their clients. However, experts are always expected to provide the court with unbiased, non-partisan opinion evidence. Recent judicial decisions have helped identify situations of bias and helped to clarify circumstances when the court may choose to include or exclude an expert’s evidence. ... [read more]

Tuesday, March 07, 2017 @ 12:02 AM

Rethink the billable hour to give middle class access to justice | Julius Melnitzer

The best thing the legal profession’s regulators could do to ensure access to justice for the middle class is to ban hourly billing — or at least mandate some sense into its use. ... [read more]

Friday, March 03, 2017 @ 03:02 PM

Access to Justice: Thinking big about access to justice | Thomas Cromwell

Access to justice is the biggest challenge facing our legal system. And just about every lawyer I know cares deeply about the health of that system and many are trying to help. But do we understand the problem and are we making progress? Those questions will be the jumping off spot for my exclusive to The Lawyer’s Daily column dedicated to access to civil and family justice in the coming months. ... [read more]

Thursday, February 16, 2017 @ 12:28 PM

Ontario Court of Appeal okays class action against WSIB

A class action against the Workplace Safety and Insurance Board (WSIB) has a chance to go forward after the Ontario Court of Appeal granted permission for that lawsuit to proceed after it had been previously blocked. ... [read more]

Monday, February 13, 2017 @ 11:39 AM

OCCUPIERS' LIABILITY - Particular situations - Injury to children - Liability for injury by animals - Landlord and tenant

Appeal by the plaintiff, Holmes, from summary judgment dismissing her action as against particular named defendants, the Edmunds. The plaintiff's daughter, age five, was bit by a dog, Chopper, while visiting the owners' residence. Chopper's owners were tenants at a premises owned by the defendants. The tenants' lease required the defendants' permission for any new or additional pets. The defendants had permitted the tenants to have a dog. However, that dog passed away in 2010 and was replaced by Chopper. No permission was obtained in respect of Chopper. The defendants' applied for summary judgment dismissing the claim against them. They submitted there was no basis for finding liability in negligence or under the Occupiers' Liability Act (OLA). The chambers judge granted the defendants' application. The plaintiff appealed. ... [read more]