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Showing posts under "Personal Injury"
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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

Judge supports Plaintiff's Motion to strike Jury two Weeks into Trial
Jan 06, 2017

After first denying the plaintiff’s request to strike the jury prior to the start of a civil trial, the judge agrees to strike jury two weeks into the trial, citing the complexity of the case... Read more

A Car Owner may be liable when Car Thief crashes stolen Vehicle
Dec 22, 2016

Can you be liable for injuries after your car is stolen and involved in an accident, and your keys were left in the car? This was the key issue to be determined in a 2016 legal proceeding, in which an injured passenger sought leave to amend their claim to add the vehicle owner as a defendant... Read more

Condominium Security Company added as Defendant in Slip and Fall Accident
Dec 19, 2016

A condo security company challenged a plaintiff’s motion to amend her claim to include them as a defendant, on the basis that the two-year limitation period was up; however, the judge ruled in favour of the plaintiff, noting that the limitation period is triggered only when the plaintiff learns of the defendant’s potential involvement or negligence... 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

Judge allows Plaintiff to amend his Claim to add Municipalities as Defendants
Nov 14, 2016

The motions judge allowed a plaintiff to amend his claim to add municipalities as defendants, after the defendant driver alleged fault on the part of the municipalities during discovery. The defendant municipalities appealed the motions judge’s decision on the basis of being past the statutory limitations period, but the appeal was denied because limitation period did not begin until the defendant realized the condition of the road could be the cause of the collision... Read more

A Claimant’s Delays in providing required Information and filing a Claim to his Insurer result in denied Long-term Disability Benefits
Oct 28, 2016

When a claimant fails to provide required information to their insurer on a timely basis for a long-term disability claim, they face the risk of having their benefits denied. In Richards v. Sun Life, the court determined that the claimant should have understood that their claim was denied by their insurer. The court also decided that the plaintiff’s claim for unpaid benefits was statute-barred for being filed past the two-year limitation period... 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

Can a Plaintiff be Compelled to disclose whether they have Adverse Cost Insurance?
Oct 08, 2016

Adverse cost insurance of After the Event insurance protects litigants in the event that they are required to pay costs to the other party, if unsuccessful at the conclusion of a civil trial. Here we look at a legal dispute that considers whether or not a plaintiff is obligated to reveal whether or not he or she has acquired said insurance... Read more

Injured Driver sues after rear-ending another Vehicle
Aug 31, 2016

Can you be held liable for injuries to a driver who rear-ended your vehicle? In Chernet v Galaites, 2016, the judge dismissed an action filed by the driver who struck another car in the rear and sued for damages. .. Read more

Implied Consent in a Car Accident Injury Claim
Aug 23, 2016

When is it legally permissible to borrow someone’s vehicle without their expressed consent and who is liable if an accident occurs involving the borrowed vehicle? Here we look at a case that addresses these questions and how the issue of implied consent can affect liability. .. Read more

How Inconsistencies in a Plaintiff's Claim can result in a dismissal
Jul 25, 2016

It is very important, in any legal proceeding, to be as honest and forthcoming as possible. Failure to do so can result in the claimant not being deemed credible and a dismissal of their claim... Read more

Can a Claimant be penalized for not requesting Medical Results from their Doctor?
Jul 13, 2016

Is it reasonable for an individual to assume that if a doctor does not contact them about a test result, that all is well? The outcome of a 2016 personal injury case, McMillan v Adeite, rested on this question, as the results of the plaintiff’s MRI affected her realization that she could file a claim for serious and permanent injuries... Read more

Is it appropriate to sue your Doctor while still being Treated by them?
Jul 01, 2016

In a case where an allegedly negligent doctor is performing treatments or surgery to fix a previous problem or error, the two year limitation period under the Limitations Act may not commence from the date of the alleged medical error, but rather, from the date the patient realized it is appropriate to file a suit against their doctor... Read more

How Rule 49 and Proportionality can affect a Claimant's Award of Costs
Jun 21, 2016

A personal injury trial does not conclude with the jury's verdict and award for damages. There is the issue of costs accumulated during the course of the trial by both the plaintiff and the defendant. Here we look at how Rule 49, Rule 57 and the issue of proportionality can affect the claimant's total amount of costs... Read more

Pub Owner found Liable for Injury resulting from an Unsafe Conditon
Apr 20, 2016

The Ontario Occupier's Liability Act dictates that the occupier of a property/premises owes a duty of care to anyone who comes onto their property. A failure to do so can lead to horrible consequences for an individual and/or individuals and a claim of negligence against the occupier... Read more

Understanding when a Summary Judgement is used to decide a Personal Injury Claim
Feb 22, 2016

Sometimes the alleged negligent party or insurer in a personal injury case may deny liability and may seek a summary judgement to have the claim dismissed. Read what this could mean for your personal injury claim and how the process works... Read more

Claims are sometimes allowed past the deadline defined in the Limitations Act
Feb 11, 2016

Personal injury claims are statute-barred, which means an accident victim is required to file a claim within the specified period defined by the Limitations Act. However, sometimes circumstances, such as accurate assessment of an injury, make it difficult to adhere to this limitation period and your claim may still be allowed to proceed... Read more