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Personal Injury

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Monday, February 12, 2018 @ 8:37 AM

Seeing is believing: Litigation in the age of surveillance | Patrick Brown

With the advent of new technology from dashboard cameras to iPhones, it has become easier to capture a collision unfolding right before our eyes. Gone are the days where we only get carefully crafted statements that are slanted at times to the view of the adjuster, investigator or police officer who is taking them. Things are not always as they seem. But remember, tapes are erased quickly and timely preservation is key. ... [read more]

Monday, February 12, 2018 @ 8:33 AM

PHYSICAL AND PSYCHOLOGICAL INJURIES - Soft tissue - Depression - Considerations impacting on award - Degree of impairment

Action by Lewis for damages for personal injuries sustained in a 2014 motor vehicle accident for which Rubboli was at fault. Lewis was 19 years old at the time, working toward his red seal certification as a carpenter. ... [read more]

Thursday, February 08, 2018 @ 8:49 AM

The ICBC ‘dumpster fire’: How much is really burning? | Sandra Kovacs

British Columbia Attorney General David Eby recently described the current state of the province’s automobile insurer, the Insurance Corporation of British Columbia (ICBC), as a “financial dumpster fire.”  It is clear that ICBC has a problem, but it is a problem without a clear definition. ... [read more]

Wednesday, February 07, 2018 @ 11:14 AM

Wording of benefits statute key in N.L. Appeal Court ruling over workplace injury David_Buffett_sm

The meaning of “use of a motor vehicle” was the nexus of a Newfoundland appeal involving a workplace accident where a mechanic was crushed while fixing a company truck. ... [read more]

Monday, February 05, 2018 @ 4:04 PM

B.C. pledges to fix ‘financial dumpster fire’ at provincial auto insurer David Eby

Calling it a “financial dumpster fire,” B.C. Attorney General David Eby has pledged to fix the monetary woes plaguing the Insurance Corporation of British Columbia (ICBC). ... [read more]

Thursday, February 01, 2018 @ 5:27 PM

Supreme Court ‘integrates’ duty to accommodate into Quebec’s injured workers’ legislation Justice Rosalie Silberman Abella

The Supreme Court has ruled that Quebec employers have a duty under the province’s injured workers’ legislation to reasonably accommodate those injured in the workplace — even though that duty is not expressly mandated by the statute. ... [read more]

Monday, January 29, 2018 @ 9:14 AM

Cerebral palsy: Determining a viable claim for medical malpractice cerebral_palsy_sm

Cerebral palsy can be a life sentence, imposed at birth, of complete dependence on others for all activities of daily living. For parents burdened with such monumental care obligations and associated expenses, the question must be asked: “Could this have been avoided?” ... [read more]

Monday, January 29, 2018 @ 8:34 AM

It’s time female lawyers stopped apologizing for having kids | Alison Burrison

A few weekends ago, I was at an appliance store and overheard a young female designer speaking to her client about her home. The designer had her 10 month old baby with her. She started the conversation with “I want to apologize again for bringing my daughter today; I know it’s so unprofessional but my sitter cancelled and I didn’t want to cancel because this is an important part of your renovation.” I began to think about the legal profession and how many times I have heard female lawyers (myself included) apologize to other lawyers about their family obligations as they rushed into discovery late or had to leave early from mediation. I realized after some research on the web, that we as female lawyers are not alone. ... [read more]

Thursday, January 25, 2018 @ 8:31 AM

WORKPLACE HEALTH AND SAFETY - Employer obligations - Safety of workplace - Legislation - Interpretation - Liability - Of employer - Safety equipment and apparel - Offences and enforcement

Appeal by the Ministry of Labour from an Ontario Court of Justice decision upholding an acquittal for Occupational Health and Safety Act (Act) offences. ... [read more]

Thursday, January 25, 2018 @ 8:21 AM

Civil juries: Gambling in a new age | Patrick Brown

What happens at the end of a jury case would not matter so much if we ensured that jurors were screened for bias at the beginning. Unfortunately in Ontario and other Canadian jurisdictions we have no real mechanism to do that. ... [read more]