The Blog
Is the Vaccine Injury Compensation Program a Sham? | Jasmine Daya
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A Pre-Existing Condition and Your Personal Injury Claim
20/04/18Generally speaking, the purpose of damages in a personal injury claim is to place the victim of negligence in their pre-accident position, as much as may be possible with money. However, when that person has a pre-existing condition, the assessment...
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Why I became a lawyer, but more importantly, why I’ve continued to be a lawyer
17/04/18People often ask me why I became a lawyer. There is no “aha” moment that made me decide to become a lawyer. My articling principal and mentor in the early part of my career used to tell me to “let...
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Case Update – Liability Waivers and Personal Injury Claims
13/04/18The Court of Appeal has just released an important decision about liability waivers and occupiers' liability. This impacts any potential plaintiff that has been seriously injured as the result of an occupiers' negligence, and signed a waiver of liability that...
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Car accident insurance companies must mediate, even before discoveries
6/04/18When a person is seriously injured in a car accident as a result of another driver’s negligence, that person has a potential claim against the at-fault driver. In practical terms, the at-fault driver’s insurance company responds to the claim, hires...
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First Blood Test for Concussion Gets FDA Approval in United States
4/04/18A US company has been given approval to develop a commercial blood test that can identify certain indicators of visible brain trauma following a mild traumatic brain injury (TBI) or concussion. This is seen by some as the first step...
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Case Commentary – Legal Responsibility for Injuries at School
23/03/18Last week, we discussed the general principles that govern liability for injuries at school. This case shows how the standard of care is applied to teachers and school boards that are responsible for looking after children during school activities. Peters...
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Who is Responsible for an Injury at School?
16/03/18In an earlier post, we discussed how permission slips for off-campus school activities can impact liability in the event of an accident. This post looks at the standard of care for teachers and other staff when a child suffers an...
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Case Commentary – Non-Earner Benefits Are Payable Despite Return to Work
9/03/18The Financial Services Commission of Ontario (FSCO) ruled that a claimant could still receive non-earner benefits after a motor vehicle accident, despite having returned to his pre-accident employment. Claiming non-earner benefits after a car accident Anyone that is injured in...
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Case Commentary – Social Media Evidence and Your Personal Injury Claim
2/03/18A recent decision about whether a plaintiff must produce Facebook posts to the defendant illustrates the complex law developing around social media evidence in personal injury claims. Admissible evidence in personal injury claims As part of a personal injury claim,...
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Priority Between Income Replacement Benefits After an Accident
23/02/18After a car accident, an injured person may have access to multiple forms of income replacement insurance. However, there is legislation and legal rules in place to prevent double recovery, and to determine which coverage provider takes priority, and pays...
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