In many tort court actions, plaintiffs claim aggravated and punitive damages. Punitive damages are also often referred to as exemplary damages. These types of damages are usually thought whether is exceptionally objectionable and egregious conduct on behalf of another person. They are often claimed when the tort involved is also a criminal act such as [...]
Have you ever wondered if the defendants have the right to hire private investigators and have you followed after you claim compensation for injuries sustained in an accident? Well, the short answer is that yes they do have that right. Nobody likes to be followed and it is entirely reasonable to feel that your privacy [...]
In Ontario, pursuant to the Occupiers Liability Act, every owner or occupier premises must take reasonable steps to ensure the safety of persons entering and using their property. An occupier is a person who has control over the premises. An occupier does not need to be an owner of the premises or have an interest [...]
What are the rules of evidence when it comes to prior criminal convictions and their use in civil proceedings? Have you ever wondered if your prior criminal convictions can affect your Ottawa personal injury case is to mark this issue is extremely important for all persons involved in litigation who seek to tender this type [...]
Your Ottawa personal injury case did not settle at mediation? Don’t worry, it might settle at the pore-trial conference As an injury victim in Ottawa, Ontario, if your file does not settle at the adjuster stage, pre-litigation, the Rules of Civil Procedure mandates that your case must proceed to mediation. If your case does [...]
Defence Examinations - What You Need to Know Today, I would like to briefly discuss the right of an injured person to have a family member or other person attend a medical examination scheduled by the defendant and their insurer in the context of litigation. The case I will briefly discuss for information purposes is [...]
Mediation in the Personal Injury Context Mediation plays a vital role in resolving personal injury actions. Mediations are mandated by the Rules of Civil Procedure and provide an opportunity to the parties and their lawyers to meet with a trained alternate dispute resolution specialist (a mediator) to attempt to resolve some or all of [...]
Are settlements final? In the case of Morant v. Sun Life Assurance Company of Canada, 2014 ONSC 2876 (S.C.J.), a Plaintiff filed as motion seeking a court order setting aside a settlement reached at mediation completed between the parties. The parties attended mediation and they reached a resolution of the Plaintiff's claims. At about [...]
Summary Judgment in Ontario - Ottawa accident lawyers provide information In 2010, the Ontario's Rules of Civil Procedure were significant changed. In particular Rule 20 which now reads A motion to obtain a judgment summarily without the need for a full trial was always a very risky proposition and rarely were such motions brought or [...]
Ontario Injury lawyer Explains Limitation Periods --- September 22, 2014 In Ontario, there is a two year limitation period under the Ontario Limitations Act. This limitation period applies to the majority (but not all claims - some periods are shorter than 2 years) of claims. What this means is that if you intend to commence [...]