Personal injury law


  • Duty of good faith emphasized in decision

    Duty of good faith emphasized in decision

    Jun 25, 2018

    The principle of the duty of good faith may apply to both the negotiation of a contract as well as to its performance, says a lawyer who recently acted for the defendant in a Superior Court of Justice case where a judge ruled in her client’s favour.

  • SCC clarification hoped for in medical malpractice case

    SCC clarification hoped for in medical malpractice case

    Jun 25, 2018

    Plaintiff personal injury lawyers are hoping that the Supreme Court of Canada will clarify the issue of causation involving multiple defendants in medical malpractice cases in a leave to appeal filed in Sacks v. Ross.

  • End use of ghostwriters in medical reports: lawyers

    End use of ghostwriters in medical reports: lawyers

    Jun 25, 2018

    Lawyers who act for plaintiffs in personal injury cases are calling for the end of the use of ghostwriters in the creation of expert medical reports.

  • Decision may impact insurers on policies

    Decision may impact insurers on policies

    Jun 25, 2018

    An Ontario Court of Appeal decision reversing a lower court ruling on a delayed long-term disability claim will likely send insurers back to the drawing board to revise their policies, say insurance and personal injury lawyers.

  • Social media posts not always part of litigation

    Social media posts not always part of litigation

    Feb 12, 2018

    Photos and other information on a protected portion of an individual’s Facebook page invoke privacy interests and will not necessarily be produced to the defence in personal injury litigation, an Ontario Superior Court judge ruled last month.

  • Cases could have impact on recreational facilities

    Cases could have impact on recreational facilities

    Feb 12, 2018

    The Ontario Court of Appeal is being asked to interpret a potential conflict between two provincial statutes that could have significant ramifications for ski resorts and other recreational activities that carry the risk of injury.

  • Therapy dog allowed in civil jury trial

    Therapy dog allowed in civil jury trial

    Feb 12, 2018

    A therapy dog was allowed in court to sit at the feet of the plaintiff while she testified in an Ontario Superior Court civil jury trial late last fall in what is believed to be a first in the province for this type of assistance in personal injury litigation.

  • Plaintiffs must prove chronic pain is serious impairment

    Plaintiffs must prove chronic pain is serious impairment

    Feb 12, 2018

    Two recent decisions of the Ontario Superior Court in so-called “threshold motions” suggest that it is still a high legal bar to show that chronic pain suffered by plaintiffs after a motor vehicle accident will meet the “serious impairment” standard set out in the provincial Insurance Act.

  • Improving notification around class actions

    Jan 29, 2018

    There are literally hundreds of ongoing and recently settled class actions taking place in Canada today that directly affect the rights of Ontario residents.

  • Judge blasts lawyers over $3,500 dispute

    Judge blasts lawyers over $3,500 dispute

    Jan 22, 2018

    An Ontario judge has criticized the conduct of two personal injury lawyers as “shameful” in a dispute over less than $3,500.

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