Personal Injury

Cases highlight patient duties in malpractice matters

Health-care professionals aren’t the only ones with standards to meet when it comes to medical malpractice claims, Toronto personal injury lawyer Paul Cahill tells AdvocateDaily.com . Read more

Yegendorf: optional insurance coverage a 'very wise decision'

Purchasing optional coverage through your auto insurer could be a “very wise decision” in light of changes to Ontario’s Statutory Accident Benefits Schedule and increased delays facing civil trials, Ottawa personal injury lawyer Howard Yegendorf tells AdvocateDaily.com. Read more

The two uses of examination for discovery evidence at trial

By John McLeish and Joe Gaynor. In part one of this series , the goals of examination for discovery were discussed. This article will focus on the two uses of discovery evidence at trial. Read more

Family photo albums a treasure trove for jury trials

Low-tech evidence can deliver high-impact results with a jury, Toronto personal injury lawyer Gary Will tells AdvocateDaily.com. Read more

Long-term disability insurance part 1: the basics

With almost two decades of experience advising clients with long-term disability (LTD) claims, Ottawa personal injury lawyer Najma Rashid has answered just about every question you can think of when it comes to LTD insurance. Read more

Auto insurance industry profits in the spotlight

An updated report spotlighting the high profits of the Ontario auto insurance industry is a wake-up call that requires government action, critical injury lawyer Patrick Brown tells AdvocateDaily.com. Read more

‘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