Monthly Archives: March 2009
Was the Cyclist at Fault? Not Necessarily…
On behalf of Bougadis, Chang LLP Barristers posted in motor vehicle accident, personal injury on
A great question found in the helpful pages of the Toronto Star’s Wheels section this past weekend:
Who is responsible for the accident when a left-turning vehicle at a lighted
intersection hits a cyclist proceeding in the opposite direction on the green?
Contrary to some other opinions expressed, my view is that liability for this accident is not clear cut.
Keep in mind that there is a significant difference between the function of a police officer attending at the scene of a motor vehicle accident and the eventual determination of liability in a civil lawsuit (i.e.… Continue Reading
Default on Your Car Lease and…Go To Jail?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, motion on
Case Comment – Mercedes-Benz Financial v. Kovacevic (2009 Ontario Superior Court)
finding of the defendant’s contempt on February 26, 2009 sentencing of defendant on March 3, 2009In civil matters (i.e. where someone sues you for a breach of a contract) you can, in special circumstances, be sent to jail for contempt. If you fail to obey a Court order, then this behaviour could eventually lead to jail time. See Rule 60.11(5) of Ontario’s Rules of Civil Procedure.
This case is an interesting read. … Continue Reading
Ontario Lawyers to Become More Expensive (Ontario’s PST Merging with the GST)?
On behalf of Bougadis, Chang LLP Barristers posted in damages, miscellany, personal injury on
The idea of merging Ontario’s PST (provincial sales tax – currently 8%) with Canada’s federal government GST (general sales tax – currently 5%) took one further step forward yesterday with speculation that this measure might be introduced as a part of tomorrow’s Ontario budget announcement.
A merger of the PST to the GST would likely affect legal fees – i.e. increase the cost of legal services to the Ontario consumer.
Currently, PST is not charged on Ontario legal fees.… Continue Reading
The Key to a Strong Lawsuit? Evidence, evidence, evidence.
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, evidence, motion, production of documents on
Case Comment – Carleton v. Beaverton Hotel (2009 Ontario Superior Court)
In real estate, the key to success is often described as “location, location, location”. In personal injury lawsuits, having evidence to support your claims is fundamental in building your lawsuit.
So what happens if a plaintiff seeks damages for a large future income loss (i.e. alleging an inability to earn as much in the future because of the injuries suffered in the accident) but cannot provide evidence showing how and where he made his money before the accident? … Continue Reading
Woman’s Injury is $105,000 but Case Lost on Liability > Plaintiff Must Pay $13,000 in Legal Costs to Defendant
On behalf of Bougadis, Chang LLP Barristers posted in personal injury, slip and fall on
Absence of Maintenance Records to Prove Snow and Ice Removal > Defendant Still Successful in Lawsuit
Case Comment – Coulson v. Hamilton (City), (2008 Ontario Superior Court of Justice)
The 68 year old female plaintiff slipped in February, 2003 on what she said was black ice, suffering injury. At Trial only liability was argued, as damages were agreed upon by the parties to be $105,000. The action was started against the City of Hamilton and the property owner fronting the subject sidewalk; the action was dismissed against the City prior to the Trial and the Trial was against the property owner only.… Continue Reading
Ontario’s E-Laws Website is an Official Source of Legislation
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, evidence on
Remember that effective November 30, 2008, by Regulation to the Legislation Act, 2006 that you can use Ontario’s e-laws website to obtain an official copy of Ontario’s laws.
The government’s FAQ site is found here for further reference.
Gregory Chang
Toronto Insurance Litigation Lawyer… Continue Reading
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