Filter by category:


Showing posts under All Categories
   1 2 3 4 5 6 7 8   >  Result 1 - 20 of 172
Hamilton lawyer Dermot P. Nolan - Why can’t juries handle the truth?
Apr 05, 2018

Hamilton lawyer and a former president of the Ontario Trial Lawyers Association Dermot P. Nolan says that though our courts expect witnesses to tell the truth, the reality is troublingly different... Read more


Think your claim doesn’t stand a chance against a big Insurance Company? This win for the underdogs could change your mind
Feb 09, 2018

It is not very often we have the David vs. Goliath scenario played out in the courtroom. When it does happened, it is worth much more than a passing comment. The Persampieri v. Hobbs is just that case... Read more


Appeal Court rules on Filing Deadlines in a Lawsuit involving Injured Child
Oct 23, 2017

In a car accident injury case involving a minor plaintiff, the Ontario Appeal Court determines the applicable limitation period under the Limitations Act and notice period per the Municipal Act, after the the plaintiff files a motion to add the City of Sudbury as a defendant. .. Read more


Judge rejects Insurer’s Hired-Gun Expert and agrees that Plaintiff’s Knee Injury meets Threshold for Damages
Oct 11, 2017

After a jury awarded damages to the injured plaintiff in a 2017 car accident case, the judge ruled that the plaintiff's knee injury met the onus of a permanent serious impairment and resulted because the car accident caused the plaintiff's osteoarthritis to become symptomatic... Read more


Judge agrees that Plaintiff may add a Condition that Defendant’s Medical Reports must be written solely by the Medical Examiner as Ghostwriting undermines the Credibility of Expert Reports
Aug 27, 2017

In response to a Defendant's request that the Plaintiff submit to two medical assessments before the personal injury trial, the Plaintiff demanded a written condition that the medical examiners’ reports must be solely written by these experts and not ghostwritten. When the Plaintiff refused to undergo the examinations unless the condition was agreed upon, the Defendant filed a motion to have the Court compel the Plaintiff to have the examinations... Read more


Appeals Court orders a new Trial finding that Defence Expert Witness lacked impartiality and Trial Judge failed in his Gatekeeper Role
Aug 05, 2017

An Appeals Judge ordered a new trial after concluding that a miscarriage of justice had occurred in the previous civil trial, when the trial judge allowed an expert witness for the defence to testify, whose testimony was biased and advocated for the defence... Read more


Damages Award in Wrongful Dismissal Case is upheld on Appeal
Jul 20, 2017

The Ontario Court of Appeal upheld the trial judge's decision in a wrongful dismissal case involving a McDonald's restaurant manager who was terminated without notice or payment... Read more


Court allows Plaintiff's Fraudulent Conveyances Claim and Personal Injury Claim to proceed simultaneously against Defendant
Jul 11, 2017

After the defendant driver in a pedestrian accident transfers ownership of his home to his wife, the injured plaintiff filed an additional claim under Fraudulent Conveyances Act. The judge ruled that the personal injury and fraudulent conveyances claims can proceed at the same time. .. Read more


Judge rules that Plaintiff’s PTSD and Depression Symptoms meet Threshold for Non-Pecuniary Damages
Jun 15, 2017

In a 2017 trial for damages arising from a car accident, the judge rejected the defendant's threshold motion to have the plaintiff's claim for non-pecuniary damages dismissed. The plaintiff suffered from PTSD and depression since the accident and her injuries met the threshold of a permanent and serious impairment of an important bodily function... Read more


Judge admonishes Insurer and denies their Costs despite dismissing Plaintiff’s Claim for Losses arising from House Fire criminally caused by Plaintiff's Husband
Jun 01, 2017

Despite succeeding in their motion to have the action dismissed in summary judgement, the defendant insurer was denied costs when the judge decided that the insurer’s actions were unprincipled when withholding coverage for house burned down by plaintiff’s spouse in a criminal action.. Read more


Appeal Court upholds Trial Judge's Finding in a Medical Malpractice Suit against two Physicians
May 15, 2017

After being found liable in a medical malpractice suit, two Brampton Hospital physicians unsuccessfully appealed the decision on several issues in which they believe the trial judge erred in making his ruling... Read more


Appeals Judge rules in favour of Plaintiffs in Costs Decision
May 07, 2017

In a 2016 appeal on costs arising from a car accident claim, the Court upheld the motion judge’s previous decision that the costs recoverable in the tort action may also include the costs incurred by the plaintiff in recovering SABs benefits. .. Read more


Municipality and Defendant Driver share liability in Catastrophic Car Accident
Apr 30, 2017

An Ontario judge found the City of Hamilton and defendant driver each 50% liable for a tragic accident that resulted in catastrophic injuries to the plaintiff... Read more


Judge opens the door to Social Host Liability in dismissing Summary Judgement Motion in Underage Drinking Case
Apr 03, 2017

The family of an underage guest who had been drinking and later sustained catastrophic injuries in a car accident commenced a negligence suit against the party hosts. The defendants subsequently sought summary judgement to dismiss the claim, arguing that a duty of care did not apply and even if it did, they met it; but the motion was dismissed... Read more


Supreme Court Decision in R. v. Jordan contributes to Delays in Civil Trials
Mar 26, 2017

The presumptive ceiling for bringing criminal cases to trial, as defined by the Supreme Court in R. v. Jordan, has resulted in increasing delays for civil trials which are placed at a lower priority in our under-resourced judicial system... Read more


The Law Society adopts new Rules to protect the Public from Misleading Advertising and Fee Practices
Mar 24, 2017

In response to concerns about misleading advertising and fee issues, on Feb 23rd, the Law Society accepted a number of proposals and rule changes recommended by the LSUC Working Group... Read more


B.C. Court awards Damages to Injured Pedestrian and finds Insurer and Agents guilty of Malicious Prosecution
Mar 20, 2017

After prosecutors dropped a charge of trying to defraud an insurer against an injured pedestrian, the previously accused woman filed a civil claim against the Insurance Corporation of B.C.and its agents for malicious prosecution and negligent investigation... Read more


Defendant's Motion to remove themselves as a Defendant is dismissed, when brought one Week into Trial
Mar 08, 2017

One week into a trial, one of the defendants in a medical malpractice case brought a motion for leave to bring a summary judgement motion to remove themselves as a defendant, but the judge dismissed the motion for being too late and prejudicial to the plaintiff... Read more


Ontario Judge says Juries exist solely to keep Damages Awards low in the Interest of Insurers
Feb 27, 2017

After a jury awards the Plaintiff less than the statutory deductible, thereby reducing his award for non-pecuniary damages to zero, the judge rules that deciding on whether or not the Plaintiff met the threshold is ultimately moot... Read more


Appeals Court rules Insurer may deduct Non-earner Benefits from LTD Payments
Feb 07, 2017

The Appeal Court ruled that the appellant’s Group Plan insurer could deduct the amount of non-earner benefit (NEB) her vehicle insurer was paying her in connection with a second accident, from the long term disability benefits (LTD) she was receiving for a previous accident... Read more