Tort principles in Motor Vehicle Accident Benefit cases in Ontario In the Ontario Court of Appeal decision of Monks v. ING, the Court of Appeal affirmed the conclusion of the trial judge. The case dealt with Statutory Accident Benefits (SABS) and the application of the tort principles of crumbling skull and thin skull. The [...]
Summary Judgment Motions - What does that mean for personal injury cases in Ottawa, Ontario? What is a summary judgment motion? In law, a summary judgment is a court judgment issued by a court in favour of one party against another party summarily, meaning obtaining a judgment without a full trial. A judgment [...]
Award of Costs to Plaintiff after Successful Trial In Ross v. Bacchus, 2013 ONSC 77734, the plaintiff Ross was injured in a motor vehicle accident. After a six day trial, he was awarded $248,000 in general and pecuniary damages. The plaintiff sought $140,000 in costs and a further $60,000 for the defendant's failure to [...]
Special Considerations When Settling Personal Injury Claims For Minors in Ontario All children are in need of protection. Courts in Ontario have inherent jurisdiction to protect children. When a child suffers an injury due to an accident caused by the negligence of another person, there are legal protections afforded to that child. For instance, [...]
CBC News Reports Ontario man was awarded $1.15 million in damages in a defective product case CBC News reports that a London, Ontario man was awarded $1.15 million in a court action against the makers of Visions glass cookware. The man is reported to have loss the use of his right hand in an [...]
Legal information provided to the general public on websites is no substitute for face-to-face legal advice With the accessibility of information contained on the Internet, it is currently extremely easy to obtain a significant amount of legal information from various websites contained on the Internet. However, there is no substitute for face-to-face meetings with lawyers [...]
Minor Injury Guideline ("MIG") and the Statutory Accident Benefits Schedule ??????????????????????????????????????????????? This brief article is provided for information purposes only and is not legal advice. Every case is different and legal advice should be sought from a qualified legal professional. If you have been injured in a car accident in Ottawa or anywhere else [...]
The use of experts in Ottawa personal injury actions Chances are that if you have retained a personal injury lawyer to handle your personal injury claim, your lawyer will require written evidence confirming your medical diagnosis, treatment, symptoms and prognosis amongst other medical issues. In most cases, your personal injury lawyer will obtain [...]
Bullying in Ontario - What Rights Do You have? This brief article is a continuation on my series of articles focusing on the issue of bullying in schools. From a civil perspective, victims of bullying have recourse against bullies on a basis of commencing legal action claiming recognized torts. A tort is a wrongful act [...]
CyberBullying - New Tort in Nova Scotia - Ontario Lagging behind? - Not Really. The Nova Scotia government has introduced legislation (Cyber-Safety Act) to create Canada's first cyberbullying investigative unit with very aggressive legislation seeking to protect victims of bullying online. Among other things, the legislation will allow victims and their families to obtain protection [...]