Monthly Archives: April 2009
After Settling Your Claim, Can You Still Sue?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, evidence, motion, motor vehicle accident, summary judgment on
Case Comment – Wasyliuk v. Osipau (2009 Ontario Superior Court)
The plaintiff was rear-ended in a car accident and received some Accident Benefits afterwards. His was not an active claim and approximately 20 months after the accident (before he retained a lawyer) he met with the opposing side’s tort insurance adjuster, signed a Full and Final Release settling his claim and accepted $4,657.92 as settlement of his claim.
By settling, the plaintiff presumably was giving up his right to sue for damages, before actually starting a lawsuit, in exchange for an early settlement.… Continue Reading
Bill 198 Threshold Case > Housekeeping Not Subject to Threshold
On behalf of Bougadis, Chang LLP Barristers posted in bill 198 threshold, damages, motor vehicle accident, personal injury on
Case Comment – Sabourin v. Dominion of Canada General Insurance Company (2009 Ontario Superior Court)
This new Bill 198 threshold case found that the plaintiff did not meet the threshold. Brown, J. found there to be various credibility problems associated with the plaintiff. This was a minor rear-end accident whereby the vehicle damage to the plaintiff’s car was $2,300.
The analysis of the threshold test is helpful and includes a review of the White Paper proceeding the legislation change.
Interesting, the defence sought a ruling that housekeeping damages were subject to the Bill 198 threshold. … Continue Reading
Celebration Gala – Canadian Association of South Asian Lawyers (CASAL)
On behalf of Bougadis, Chang LLP Barristers posted in miscellany on
As a current Vice-President of CASAL, I am pleased to announce our upcoming gala on May 29, 2009.
CASAL’s guest speaker will be The Honourable Chris Bentley, the Attorney General of Ontario. The department of the Attorney General oversees Ontario’s justice system and we are honoured to have Attorney General Bentley join us.
For more information on Mr. Bentley, visit his Wikipedia page, the Toronto Star, the Law Times and related information.
Joga Chahal
Toronto Insurance Litigation Lawyer… Continue Reading
Your Child Receives a Death Threat from a Classmate > Parents May Consider Responding with a “Defensive Lawsuit”
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure on
The murder case of 14 year old Stefanie Rengel, the daughter of Toronto police officers, will soon draw to a close. The sentencing of the teenaged murderers, a boy and a girl, is expected to take place in the next few weeks.
Excellent reporting appears within the Globe and Mail and the Toronto Star of this case, which has been reported on extensively.
A senseless death, the immature killers were stuck in a jealously-filled boyfriend/girlfriend relationship. Stefanie was unwittingly used as a pawn by the murderers to prove their love to each other: if you love me, then kill Stefanie.… Continue Reading
Sue the Tow Truck Operator…
On behalf of Bougadis, Chang LLP Barristers posted in news & events on
Our thanks to the Toronto Star’s Eric Lai for inviting our Firm to respond to one of their reader’s questions this past weekend – you’ll find the article here. The original Toronto Star’s article here. (PDF file).
In that article, you’ll find the following reference links here:
Without the consent of the car owner, tow trucks can only remove cars in limited circumstances as set in The Toronto Municipal Code, Chapter 545 – Licensing (see subsection 545-112); Ontario’s Small Claims Court; Ontario’s Small Claims Rules; To make a complaint against this tow truck company, you can contact Toronto Police Service Parking Enforcement East; and Tow truck companies across Ontario may soon be subject to the Bill 87, Towing Industry Act, 2008.Gregory Chang
Toronto Insurance Litigation Lawyer… Continue Reading
The Right to a Jury Trial – Principles Reviewed
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure on
Case Comment – Walsh v. Kapusin (2009 Ontario Superior Court)
The right to a jury trial is reviewed here, pursuant to both s.108 of the Ontario Courts of Justice Act and also Rule 47.02 of the OntarioRules of Civil Procedure.
As is well established, a trial by jury is a substantial right available to litigants. Jury notices are only struck out for specific reasons, included those factors listed in s.108(2) of the Ontario Courts of Justice Act.
Here, the plaintiff sought to strike the jury notice filed by the defendant, based on incorrect statements of law by defendant’s counsel in the opening (in addition to being argumentative); and improper cross-examination of the plaintiff and plaintiff’s expert.… Continue Reading
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