Personal Injury

Cyclist safety is everyone's business: Cahill

Common sense and calmness are important in the relationship between motorists and cyclists, says Toronto personal injury lawyer Paul Cahill. Read more

Exclusion clauses in LTD policies

By Salvatore Shaw and Nicole Fielding , summer student. Long-term disability (LTD) coverage is designed to provide individuals suffering from long term disabilities with a portion of their monthly earnings to compensate their inability to return to work. Suffering from a long-term injury or impairment can be incredibly taxing – being informed that your injury falls under an exclusion clause makes this worse. Educating yourself on the rules surrounding exclusion clauses and the options available to you for denied coverage can help you navigate the often-confusing world of disability insurance. Read more

Guelph dental clinic facing class-action suit: Gary Will

A Guelph dental office should be held accountable for alleged harm to some of its patients, Toronto personal injury lawyer Gary Will tells CTV News. Read more

Brown: cycle licensing would be a 'cash grab'

The provincial government should steer clear of cycle licences, Toronto critical injury lawyer and safety advocate Patrick Brown tells AdvocateDaily.com. Read more

Cities responsible for sufficient lighting in busy intersections

Municipalities are required to maintain adequate lighting in high-traffic areas and could be liable for accidents resulting from poor illumination, says Ottawa personal injury lawyer David Hollingsworth. Read more

Court throws out conviction, orders new trial in sex assault case

TORONTO — An Ontario judge inappropriately relied on “rape literature'' to assess evidence in the case of a man found guilty last year of sexually assaulting a woman with whom he had a casual relationship, an appeal judge said Thursday in overturning the conviction. Read more

Sunstroke prevention and treatment

By Joseph Cescon and Monica Khosravi, summer student. You’re soaking up the sun and playing your favourite outdoor sport on a hot afternoon in July. You start to get a bit of headache, but you brush it off and continue playing. As you run across the field, you realize that your headache has turned into dizziness, and your muscles start to cramp. You stop playing, but continue to feel nauseated and even start vomiting. You can feel your skin radiating heat as you try to catch your breath. Read more

Contingency fee proposals could hurt modest claimants

A contingency fee cap could hamper access to justice for accident victims with smaller claims, Barrie personal injury lawyer Steve Rastin tells Law Times . Read more

Drivers who kill should face victim's family in court

Drivers at fault for crashes that kill should have to face the victim’s family in court, Toronto critical injury lawyer Patrick Brown tells Global News . Read more

The use of compelled documentary productions from a civil lawsuit

By Elizabeth Grace . Because sexual assault is a recognized wrong in many areas of our substantive law, it is quite common for a civil lawsuit to run in parallel with a criminal proceeding arising from the same alleged wrongdoing. When civil, administrative and/or criminal cases take place at the same time, or one after the other, there can be significant ramifications for the different cases. This is illustrated by this recent decision of the Ontario Superior Court, from which leave to appeal was granted on April 26, 2017. Because an ongoing criminal trial has been interrupted to allow the civil courts to rule on the propriety of civil counsel’s conduct, one can expect the appeal to Ontario’s Divisional Court to be expedited. Read more

Road safety: crosswalks and pedestrian crossovers

By Patrick Brown and Courtney Stewart , summer student. The primary cause for pedestrians getting hit or killed on our roads is driver misconduct, vehicle speed, and deficient infrastructure to allow pedestrians to cross safely. Read more

Limitations Act decision clears the way for tenant's action against landlord

Tenants who are injured due to negligence caused by their landlords can breathe easy after the Court of Appeal overturned a decision finding that a one-year limitation period applied, says Ottawa personal injury lawyer Najma Rashid. Read more

Canada Day weekend: fireworks safety

By Dale Orlando and Nicole Fielding , summer student. The Canada Day weekend is fast approaching, and with this year being Canada’s 150 th birthday, it is a special time to celebrate. Fireworks can be a fun and exciting activity to enjoy with family and friends, but they can also be dangerous and unpredictable when handled incorrectly. Improper use of pyrotechnics can result in serious burns and personal injuries. If you choose to host your own fireworks show, there are a number of things to keep in mind to ensure a fun and safe fireworks display. Read more

Brain Injury Awareness Month: friends and families for safe streets

By Patrick Brown and Taraneh Etemadi , summer student. Pedestrians and cyclists make up an increasingly large number of the travelling population in the busy city of Toronto. Read more

New referral fee rules lead to agreement changes, new CPD

Although his firm does not rely heavily on referrals, Toronto personal injury lawyer Paul Cahill tells Law Times that in response to the Law Society of Upper Canada’s (LSUC) new referral fee rules, its standard contingency fee agreement now includes appropriate language for those cases when they do come in. Read more