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Showing posts under "Personal Injury"
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How much is my injury worth and what will it cost me to start a lawsuit?
Jan 30, 2019

One of the most common questions asked of our staff was “is my injury worth starting a lawsuit?” and “what are the fees involved and how much will it cost me?” We completely understand where you are coming from and hope that this post will help answer your most pressing... Read more


A Rastin Review of Aviva Canada v. Sidhu: The Importance of Protecting the Consumer in the World of Insurance
Dec 18, 2018

In our case of Smith v. Co-operators General Insurance Co., [2002] 2 S.C.R. 129 (S.C.C.) Steve Rastin argued before the Supreme Court of Canada that the insured person, Ms. Smith, was not given a proper refusal by her insurance company when she was... Read more


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


Rastin Review: Court of Appeal decision maintains that municipality had “reckless disregard” when failing to properly maintain recreational trail
Aug 30, 2018

On a summer day in 2006, Ms. Labanowicz was riding her bicycle on the Friendship Trail in Fort Erie. Throughout the trail, the municipality had erected wooden bollards at various points. These wooden bollards consisted of a metal bracket installed into the..... Read more


Involved in a Car Accident? Here are the 7 steps you NEED to take
Aug 15, 2018

Being involved in a serious car accident is a horrible experience for everyone involved. Even though we as drivers know that we are never 100% safe while on the road, an accident still comes as a huge shock. To help you..... 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


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


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


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


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


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


Appeal Court upholds a Finding of Negligence for Defendant Municipality in a Trail Biking Accident
Jan 26, 2017

After a man sustained catastrophic injuries in a trail biking accident, the Ontario Court of Appeal upheld the trial judge’s decision finding the County of Bruce negligent and liable for damages... Read more