Personal Injury

‘Zombie Law’ should stay dead: Derfel

Ontario’s "Zombie Law" is dead and resurrecting the proposed legislation that would have tackled distracted walking isn't necessary, says Toronto personal injury lawyer David Derfel. Read more

Goals at examinations for discovery

By John McLeish and Joe Gaynor. Examination for discovery is one of the most important steps in the litigation process. Examination for discovery allows a party in a civil case to examine, under oath, the opposing party orally before trial. Read more

OCA ruling extends LTD coverage years after job ended

A recent Ontario Court of Appeal ruling makes it possible for a person who was injured at work to claim long-term disability (LTD) even after leaving the job, says Toronto personal injury lawyer Paul Cahill. Read more

New research helps prove future economic loss claims for plaintiffs with TBIs

A new landmark study on the risk of dementia for individuals who have suffered traumatic brain injuries is a help to plaintiffs with potential future economic loss claims, Toronto critical injury lawyer John McLeish tells AdvocateDaily.com. Read more

Ontario drivers paying too much for insurance: report

A recent report that examines the profitability of the auto insurance industry in Ontario shows that companies continue to exceed financial expectations, while the province has failed to fulfil its promise of reducing premiums by 15 per cent, says Toronto personal injury and employment lawyer Kevin Marshall. Read more

Insurers' excessive profits symptom of broken regime

A report showing Ontarians are still overpaying for insurance is evidence of the province’s broken no-fault insurance system, Barrie-area personal injury lawyer Steve Rastin tells AdvocateDaily.com . Read more

Private schools more proactive in approach to sex abuse allegations

Private schools facing historical allegations of sexual misconduct by former teachers have begun taking a noticeably more proactive approach to potential scandals, Toronto civil sexual abuse lawyer Elizabeth Grace tells AdvocateDaily.com. Read more

Supreme Court says garage not liable for teen crash in stolen car

OTTAWA — A garage owner should not be held responsible for the terrible injuries a teen suffered when he and a friend stole a car from his lot and crashed it in a “tragic set of events,'' the Supreme Court of Canada said Friday. In a split 7-2 decision, the court overturned earlier rulings that found a garage in Paisley, Ont., was 37 per cent liable in the incident. Court records show the teens had been drinking, with some of the alcohol provided by the mother of one of them, and smoking marijuana when they trespassed on the garage property late one evening in July 2006. One of the teens, then 16, decided to steal a car even though he had never driven before. The pair found an unlocked vehicle with the keys in an ashtray. The duo headed to nearby Walkerton but crashed en route. The passenger was left with catastrophic brain injuries and his litigation guardian sued the friend, the friend's mother and the garage owner for negligence. The trial court found the garage 37 per cent liable and apportioned other liability at 23 per cent for the driver, 30 per cent to the mother and 10 per cent to the injured teen. The Ontario Court of Appeal upheld the findings. The Supreme Court, however, found the garage owed no duty of care to the injured passenger. Writing for the majority, Justice Andromache Karakatsanis said the garage ought to have known about the risk of theft. “However, it does not automatically flow from evidence of the risk of theft in general that a garage owner should have considered the risk of physical injury,'' she wrote. “I do not accept that anyone that leaves a vehicle unlocked with the keys in it should always reasonably anticipate that someone could be injured if the vehicle were stolen. This would extend tort liability too far.'' Read more

Does your PI lawyer go the extra mile?

Personal injury lawyers need to be available to their clients whenever and wherever they’re required, says Toronto personal injury lawyer Andrew M. Lee. Read more

Tougher distracted driving penalties on the horizon

In an attempt to rectify the growing issue of distracted driving, the province has pushed for stiffer fines for convicted drivers and will introduce an escalating penalty system which includes licence suspension, Toronto critical injury lawyer Salvatore Shaw tells AdvocateDaily.com . Read more

OCA rules in favour of waivers

The provincial government should step in to boost consumer protection legislation after Ontario’s Court of Appeal validated resort waivers signed by skiers, Toronto critical injury lawyer Rikin Morzaria tells AdvocateDaily.com. Read more

WSIB claims and cancer?

By David Hollingsworth . What do WSIB claims and cancer have in common? Ontario has made it easier for firefighters to get the help and care they need by extending the presumption for entitlement to benefits to cervical, ovarian and penile cancers. Read more

Product liability: can having a garage sale make you liable?

By David Hollingsworth . What do product liability and garage sales have in common? Springtime brings new beginnings. When the warm weather finally comes, we are all anxious to open the doors and windows and begin the spring cleaning. Out with the old and in with the new. Read more

Seriously injured victims hurt by insurance legislation

In the first of a two-part series, Bowmanville personal injury lawyer Ron Strike explores the effect of rate cuts on the most seriously injured accident victims in the province. Read more

Slip and fall case heads to trial after motion dismissed

A recent case shows plaintiffs will not always have to pinpoint the cause of a slip and fall in order to successfully resist a defendant’s motion for summary judgment, Toronto personal injury lawyer Paul Cahill tells AdvocateDaily.com. Read more