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Showing posts under "Personal Injury"
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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


The Challenge of Quantifying the Loss of a Loved One in a Personal Injury Claim
Dec 23, 2015

How do you put a dollar amount on the loss of a loved one? This is a difficult issue that must be resolved in negligence suits and wrongful death claims... 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


How the Limitations Act can impact your Claim for Damages
Oct 07, 2015

The 2002 Limitations Act established a time limit on how long an individual has to file a claim. This time limit naturally has significant effects on some individuals? ability to successfully file a claim for damages in a personal injury sui.. Read more


Does ABS ownership of law firms better serve the public?
Aug 05, 2015

The advantages of ABS ownership have not yet been proven and further debate is needed in the Ontario legislative community before non-traditional ownership of law firms is permitted. .. Read more


Judge critical of defence counsel for conduct of trial results in failure to order costs.
Jul 29, 2015

Trial judge denied defence counsel $100,000 in costs due to counsel misconduct.. Read more


Cyclist injured by a motor vehicle
Jul 28, 2015

Cycling accident victims should seek immediate medical treatment to determine severity of injuries and report accident to authorities.. Read more


Underage Drinking
Jun 16, 2015

Individuals or businesses, including the LCBO, who serve alcohol to minors may be liable if injuries result, unless there is evidence that despite taking reasonable care, they were unaware that the youth was underage... Read more


Passenger makes personal injury claim
Jun 10, 2015

A passenger makes claim for personal injuries against her driver's insurer, alleging negligence on behalf of all drivers involved in the collision... Read more


Negligence in Multiple Car Collision
Jun 06, 2015

A driver who fails to avoid colliding with other vehicles in an emergency response is not necessarily guilty of careless driving, even when other drivers were successful at evading their fellow motorists in a multiple vehicle accident. Drivers can be held to a reasonable standard of skill only... Read more


Delayed claim for injury compensation
Jun 02, 2015

Car accident victim may make delayed claim for injury compensation if severe and permanent injuries persist. .. Read more


Cycling this Season
May 15, 2015

It is very easy to get hurt or injured while riding a bicycle in Ontario and other areas. A few tips mentioned here can help you avoid these accidents and its associated injuries... Read more


The Scope of an Expert Witness' Testimony
Apr 11, 2015

There are rules governing just how much an expert witnesses’ testimony can cover. Here we take a look at how this was decided in a case involving a slip and fall and its ensuing traumatic brain injury... Read more


Late Diagnosis and Treatment of Symptoms
Mar 25, 2015

In the case of Polera v. Wade, a partial summary judgement was being sought after the removal of a brain tumor left the patient with severe injuries. Here we look at the special circumstances surrounding this incident and the see the judgements that arose from it... Read more


Rear-End Collisions and Liability
Mar 14, 2015

Whether intentional or not, you can be held liable for injury and damages caused by your actions. Learn more about the law as it pertains to rear-end accidents and how it can affect your case. .. Read more