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Showing posts under "Injury Case Preparation"
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When Should I Contact an Injury Lawyer?
Nov 01, 2018

We know it can seem to be a very daunting task, taking that first step in seeking legal representation for your injury. The intake department of our personal injury law firm has had numerous people call in and say that they just don’t know if they should be contacting a lawyer.. Read more


Request for Appeal Granted! Turcotte v. Lewis case to be sent for Trial By Ontario Court of Appeal decision
May 31, 2018

Rastin & Associates is very proud our Associate Lawyer Anita W. H. Wong. After a long and hard-fought summary judgment battle on behalf of Ryan Turcotte and his family, the family’s request for appeal has been... Read more


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


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


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


Ontario Court denies Plaintiff’s Motion to Amend her Claim past Limitation Period
Jan 12, 2017

In Arcari v. Dawson (2016), the Court of Appeal rejected the plaintiff’s argument that she could not have reasonably discovered within the two year limitation period, that two new defendants contributed to her injury. Thus, the judge upheld a previous decision dismissing the plaintiff’s motion to add two new defendants to her injury claim... Read more


Judge rules that Plaintiff’s Claim for Damages for Soft-tissue Injuries not barred under Limitation Act
Dec 10, 2016

In Schaefer v Ayeneababa, the judge ruled against the defendant who sought to have a woman’s claim for damages dismissed for being past the two year limitation period... Read more


Plaintiff awarded legal Costs for City's abandoned Summary Judgement Motion
Nov 24, 2016

After incurring a brain injury from a slip and fall on a City of Toronto sidewalk, the injured claimant was awarded legal costs after the City brought a summary judgement motion to dismiss her claim and later abandoned the motion... Read more


Judge Denies Defence Counsel's late Request to cross-examine Witnesses and introduce Video Evidence
Oct 18, 2016

In the trial, Vickers v. Palacious, defence counsel’s failure to introduce video surveillance and request cross-examination of witnesses in a timely manner, affected their right to use this evidence... Read more


Daggitt: Judge Refuses to Order Plaintiff to submit to Examination by Dr. Bail citing Concerns about Bias and Lack of Impartiality
May 20, 2016

The Court can order a further medical independent examination of a plaintiff if there is evidence of unfairness and necessity to justify doing so. In Daggitt v. Campbell, the Court rejected the defendant's motion requesting another medical examination of the plaintiff, due to a lack of necessity and appropriateness... Read more


Civil suit against Municipality allowed to go forward past the 10 Day Notice Deadline
Jan 18, 2016

An injured person must provide notice within 10 days to a Municipality when making a claim for damages. Claims that fail to meet this deadline may be allowed if there was a reasonable excuse for delay of notice and also, if the City?s defense was not prejudiced by the delay.. Read more


Municipalities are sometimes Liable in Accidents causing Personal Injury
Dec 28, 2015

The negligent driver is often held liable for injuries resulting in a car accident, but sometimes the location of an accident can also extend liability to other parties, such as the Municipality... Read more


Car Accident Victims may still be able to Claim Damages even if They're Convicted of Highway Traffic Offences
Dec 28, 2015

Determination of liability in a car accident can be a complicated process. Sometimes both drivers are at fault or may have broken a traffic law in the ensuing collision. An accident victim needs to understand what rights and options are available to them even if they violated a traffic regulation in an ensuing car accident... Read more


Changes to Laws can Affect your Personal Injury Claim
Dec 15, 2015

Laws are frequently changed or amended. These changes can have a significant effect on an individual?s claim and their ability to receive owed benefits... Read more


Our words matter: how the Apology Act can affect our claim!
Oct 21, 2015

It is important to understand when a statement may be used against you in a court of law and when it is inadmissible, such as in the context of an apology. What you say, in terms of an admission of guilt, can significantly affect your personal injury suit... Read more


A Mary Carter Agreement limits the liability for some of the defendants in a multi-party personal injury suit.
Oct 21, 2015

Civil suits often entail complex legal maneuvers that can significantly impact the outcome of case. A Mary Carter Agreement is a method of reaching a partial settlement agreement that sometimes aids in settling a case where there are different degrees of fault among multiple defendants. .. Read more


The Implications of signing a Liability Waiver for your Personal Injury Claim
Oct 07, 2015

Engaging in physical activities after having voluntarily signed a waiver absolving an organization or person of any liability can make it difficult to file a personal injury claim in the event of an injury. .. Read more


Insurers Continue Effort to Deprive Accident Victim of Legitimate Interest Owed Even After Losing Trial
Sep 11, 2015

Personal injury cases can be a very complex process. They do not always end at the conclusion of the trial phase and it is important to understand some of the issues involved in successfully claiming for damages awarded.. Read more