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Toronto Personal Injury Law Blog

Faster Lawsuits > Practice Reminder: Tickler System for Service of Statement of Claim

A busy litigation practice involves juggling priorities and managing the deadlines which naturally occur in each lawsuit.

One requirement, designed to move lawsuits forward, is to serve the defendants formally with your Statement of Claim within six months of issuance.

If you fail to and do not obtain consent from the defendant, then you have to bring a motion seeking a Court order extending the time for service of the Statement of Claim past six months, as happened in: Bernardo v. Faroqi, 2014 ONSC 377 (CanLII).

Ontario study shows the cost of teenage brain injuries

Despite what many teens in Markham think, they are not invincible. They can suffer a serious injury just like anyone else, and since they are so young, the lifelong effects of their injuries will last much longer than if they were older. A new study based on information from the 2011 Ontario Student Drug Use and Health Survey has found that teenagers who suffer traumatic brain injuries have severe effects on mental health, including making teens more susceptible to suicide.

When a teenager's traumatic brain injury is the result of someone else's negligence, that teenager and his or her parents can file a personal injury lawsuit against the individual responsible. From car accidents to medical malpractice to the owner of dangerous property, the teenager can seek compensation for his or her injuries. Moreover, he or she can be paid for the long-term effects of the injury, such as the effects it has on his or her mental health. 

Settle Out of Court for $80,000; Fight in Court Over $1400

Litigation arising from a motor vehicle accident tends to be difficult for all parties involved, particularly with the stress of a lawsuit 'hanging' over your life. Sometimes you just wish that the other side would 'see the light', be reasonable and agree to resolve the lawsuit.

In some instances, litigation becomes fairly heated between the parties and counsel involved, so that both sides are simply not prepared to negotiate or compromise any further. The limit has been reached and there is no sense in more discussion. Such was the situation in this recent motion decision: Timmy v. Campbell, 2014 ONSC 405 (CanLII).

10 Year Old Lawsuit Faces Motion To Dismiss for Delay: A Close Call Averted

If your lawsuit is not moving forward in an expeditious manner, the defendants can bring a motion to dismiss for delay, as occurred in this recent case: Mayhew v. Paddon + York Inc., 2014 ONSC 57 (CanLII).

In this case, the allegations against the plaintiffs included failure to comply with several previous Court orders, as well as a delay in answering undertakings arising from Discovery.

2 injured in accident between car and motorcycle

A man and woman were critically injured in Toronto in a collision between a car, motorcycle and pedestrian on the evening of April 6. The car accident took place near the intersection of St. Clair Avenue East and Yonge Street about 5:30 p.m. According to witnesses, just before the accident, three motorcycles were headed north on Yonge Street.

A vehicle headed south was trying to make a left turn as the three motorcycles approached the intersection with Pleasant Boulevard. A police sergeant said that the motorist might or might not have seen the oncoming motorcycles. As the motorist made the turn, his car clipped one of the motorcycles, causing the rider to lose control, hit a curb and strike a pedestrian while being thrown from the bike. The accident is being investigated by a crash reconstruction team.

Teen injured by motorized partition at school

A young teen at an Ottawa high school was transported to a medical facility after he suffered severe injuries when he became trapped by a motorized dividing wall in the gym. Emergency personnel responded to the scene shortly after noon on March 27 where they found educators with the unconscious child, a seventh-grader, after he was pinned by the partition.

Paramedics were able to revive the unconscious 13-year-old student and rushed him to a trauma unit after his pulse was restarted and he began breathing again. However, he suffered severe chest and abdominal injuries and was listed in critical condition upon his arrival at the medical facility. His parents were notified and were reportedly at the hospital with him.

Toronto Sidewalk Slip and Fall: Aggressive Summary Judgment Motion by Contractor Against City Fails

In a slip and fall case against a city / municipality in Ontario, there is a difficult standard of care for plaintiffs to prove against the City in respect of the gross negligence standard. It is typical for a plaintiff to sue both the City and the actual contractor company hired by the City to perform the snow and ice clearing work.

In a recent decision, an interesting case whereby the plaintiff chose not to sue the contractor, thereby leaving it to the City to commence a Third Party Claim against the contractor. Early in the action, before Discoveries, the contractor brought a summary judgment motion against the City seeking a dismissal of the Third Party claim: Toronto (City) v. Maple-Crete Inc., 2014 ONSC 528 (CanLII).

Minimum Maintenance Standards for Municipalities: Challenge Averted

The MMS has been the subject of attack by the plaintiff's Bar and this application was one attempt to obtain a Court decision on the enforceability of some of those provisions: Silveira v. Ontario (Transportation), 2014 ONSC 65 (CanLII).

The MMS law sets out the legal responsibilities of municipalities for such issues as snow clearing, fixing potholes and other issues: Minimum Maintenance Standards for Municipalities Act 2002 and 2010.

5 hospitalised after Ontario head-on accident

Hamilton police and firefighters say that five people were sent to hospitals after a head-on accident on March 23. The motor vehicle accident, which involved a car and an SUV, took place on Wilson Street near Alberton Road at about 12:30 p.m.

Officials did not give any details as to how the accident happened, but the section of road was shut down while the collision reconstruction unit investigated the scene and cleanup crews cleared the wreckage. They are still trying to determine if alcohol or speed contributed to the car accident.