Personal injury law


  • 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.

  • Blow struck against waivers?

    Blow struck against waivers?

    Jan 8, 2018

    A recent summary judgment decision in Ontario dismissed an attempt by a college police foundations course to absolve itself from responsibility when a student was injured after they signed a consent form.

  • Ontario clarifies rules around additional insureds

    Ontario clarifies rules around additional insureds

    Jan 8, 2018

    Until recently, case law around additional insureds was vague in Ontario, but recent court decisions have been offering clarity as to what a contractor’s coverage is liable for when it comes to who they must defend and indemnify when working for a commercial establishment.

  • Spotlight on personal injury law affects reputation

    Spotlight on personal injury law affects reputation

    Nov 27, 2017

    Over the past year, the practices of the personal injury profession, especially in the areas of billing, referral fees and advertising, have come under significantly more public and regulatory scrutiny.

  • Flaws have emerged in new LAT

    Flaws have emerged in new LAT

    Nov 27, 2017

    It has been just more than a year and a half since responsibility for adjudicating accident benefits disputes was transferred to the Licence Appeal Tribunal, which decides on claims and licensing regulations involving a number of provincial ministries.

  • Contingency fee changes to be hammered out

    Contingency fee changes to be hammered out

    Nov 27, 2017

    The benchers of the Law Society of Upper Canada are scheduled to vote this week on whether to approve proposed changes aimed at streamlining contingency fee retainer agreements and also increasing protection for consumers who enter into these contracts with lawyers.

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