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Searching Content indexed under Personal Injury by Borden Ladner Gervais LLP ordered by Published Date Descending.
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1
Timing Is Everything: When To Make A Claim During An Ongoing Construction Project
A party who has suffered a loss only has a certain amount of time within which to initiate a claim by way of litigation or arbitration.
Canada
23 May 2019
2
Highlights From The Ontario Budget For Insurers And Personal Injury Lawyers
On April 11, 2019, the Government of Ontario released its provincial budget which contained a Blueprint for Ontario's Auto Insurance System.
Canada
7 May 2019
3
Lessons Learned From Recent Cases: The Importance Of Your Contracts With Service Providers
We recently completed an occupier's liability lawsuit for a hospital that involved the contract between the hospital and its parking contractor.
Canada
7 Feb 2019
4
Court Denies Summary Judgment To Defendant Driver With Right-of-Way
In Clarke v. Toronto Transit Commission, 2018 ONSC 6453, the Ontario Superior Court dismissed the moving defendant's motion for Summary Judgment in a case involving a collision between a motor vehicle and a pedestrian.
Canada
21 Nov 2018
5
"Reckless And Pernicious" Refusal To Consider Settlement Results In Pyrrhic Victory
On August 20, 2018 the Ontario Superior Court released its judgment on costs following trial in Bukshtynov v. McMaster University, 2018 ONSC 4819.
Canada
18 Sep 2018
6
Complex Individual Damages Assessment Complicates Resolution Of Class Action
On July 16, 2018, Justice Edwards of the Ontario Superior Court of Justice issued his decision in Davies v. The Corporation of the Municipality of Clarington ...
Canada
3 Sep 2018
7
Soccer Violence And The Occupiers' Liability Act
With the 2018 FIFA World Cup highlights capturing the world's attention, both good sportsmanship and fake injuries take centre stage.
Canada
18 Jul 2018
8
Soccer Violence And The Occupiers' Liability Act
With the 2018 FIFA World Cup highlights capturing the world's attention, both good sportsmanship and fake injuries take centre stage.
Canada
16 Jul 2018
9
Statutory Deductible Significantly Reduces Jury Award In Recent Post-Trial Ruling
Court notes "legislative intention that all but the most significant tort claims should be eliminated and injured motorists be largely confined to claiming no fault benefits under their own insurance policies"
Canada
4 May 2018
10
Court Of Appeal Clarifies Deduction And Assignment Of Statutory Accident Benefits In Motor Vehicle Accident Litigation
The Ontario Court of Appeal released its decisions in El-Khodr v. Lackie and Cobb v. Long Estate together on September 19, 2017. These were appeals from decisions rendered after jury verdicts on damages from motor vehicle accidents.
Canada
28 Sep 2017
11
Proving Mental Injury — The Supreme Court Strikes Lower Courts' Requirement For A Recognized Psychiatric Illness But Confirms Injury Must Be Serious And Prolonged
In Saadati v Moorhead, released June 2, 2017, the Supreme Court of Canada (the "Court") restates and clarifies the test from Mustapha v Culligan of Canada Ltd for proving the existence of...
Canada
16 Jun 2017
12
Superior Court Provides Further Guidance On Discoverability And When "Due Diligence" Has Been Demonstrated
In the recent decision of Bowles v. Hillson, the Ontario Superior Court again considered when it is appropriate to extend the two-year limitation period for adding a defendant to a claim.
Canada
28 Apr 2017
13
Social Host Liability: Still A Potential Cause Of Action In Ontario
The recent decision of Wardak v. Froom ("Wardak") provides an update on the law of social host liability in Ontario.
Canada
22 Mar 2017
14
Alberta Court Awards Fraction Of Amount Claimed In Latest Chronic Pain Case
The 44 year old female Plaintiff was a passenger in a vehicle that was involved in a head on collision; after the Defendant made a left hand turn in front of the Plaintiff's vehicle.
Canada
28 Feb 2017
15
Ontario Court Of Appeal Upholds Finding Of Liability Against Municipal Bus Which Entered Intersection On A Green Light
The underlying claim involved a serious accident between a public transit bus and an SUV which resulted in the death of three of the SUV's occupants...
Canada
5 Jan 2017
16
Saumur v. Antoniak: A Child's Failure To Look Both Ways Before Crossing The Street May Not Be Contributory Negligence
In a recent decision, Saumur v. Antoniak, 2016 ONCA 851, the Ontario Court of Appeal found the City liable for damages where a plaintiff was struck by a motor vehicle in a crosswalk...
Canada
2 Dec 2016
17
Hoang v Vincentini: A Cautionary Tale On The Issue Of Costs And The Implications On All Parties Involved
This action arises as a result of a motor vehicle accident that occurred on August 6, 2004 when the then-six year old plaintiff, Christopher Hoang ("Christopher"), was struck by a vehicle driven by the defendant Adriano Vincentini ("Vincentini") and owned by Ford Credit Canada Leasing Company ("Ford Credit").
Canada
19 Nov 2016
18
Court Takes Issue With Defence Medical Experts Who Derived Bulk Of Their Income From Defence Work
In Ontario, a plaintiff claiming damages arising from a motor vehicle accident ("MVA") must satisfy the statutory threshold in accordance with section 267.5(5) of the Insurance Act.
Canada
25 Aug 2016
19
Court Finds Agreement To Defend And Indemnify Where Insurer Appointed One Counsel To Represent Both City And Winter Maintenance Contractor
The recent Court of Appeal decision of Seidel v. Markham involved a claim where the plaintiff alleged that he had slipped and fallen on an icy sidewalk in the City of Markham.
Canada
22 Jun 2016
20
A Refresher On The Test For Gross Negligence: Zaravellas v. Armstrong, 2016 ONSC 3616
In a recent slip and fall decision, Zaravellas v. Armstrong, 2016 ONSC 3616, the Court found that the City of Toronto sidewalk in question was not in a dangerous condition and that the City was not grossly negligent.
Canada
13 Jun 2016
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