Monthly Archives: January 2010
Pain and Suffering Damages – Changes in Nova Scotia
On behalf of Bougadis, Chang LLP Barristers posted in damages, insurance law, motor vehicle accident, pain and suffering, personal injury on
The most common injury for those involved in car accidents are soft tissue injuries – i.e. neck pain, shoulder pain, back pain, headaches, insomnia (inability to sleep), anxiety, depression and emotional problems – for which an objective cause cannot be definitively identified.
Typically, soft tissue injuries are distinguished from “objective” injuries, such as a broken bone or torn ligament (which can be seen on an x-ray, MRI or CT scan).
Soft tissue injuries rely on the subjective history and complaints of a patient. … Continue Reading
Faster Lawsuits – Summary Judgment Motion Changes
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, evidence, motion, motor vehicle accident, news & events, summary judgment on
The rules governing the way civil lawsuits are conducted in Ontario have changed – see January 25, 2010 blog and March 11, 2009 blog.
For lawsuits which seek more than $25,000, one of the most significant changes is to the rule governing summary judgment motions.
A “summary judgment motion” is an early Court attendance where one party tries to end the lawsuit very early, before Trial, on the basis that the case is so strong in their favour that they can show that they should and almost certainly will succeed at Trial.… Continue Reading
Faster Lawsuits – Changes to Lawsuit Rules
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, motion, news & events, summary judgment on
Ontario has changed some of its rules governing the way that lawsuits are conducted, to allow people to get to Court and have their Trial heard faster. Readers can find some background in our previous blog – March 11, 2009 blog.
Some of the changes regarding lawsuits in Ontario include:
• Ontario’s Small Claims Court can now deal with civil lawsuits up to $25,000 in value (formerly $10,000) per Reg 626/00 of the Courts of Justice Act;
Ontario’s Rules of Civil Procedure for civil lawsuits seeking more than $25,000 has been changed significantly, including
• “simple” lawsuits conducted under the Simplified Rules structure can now seek up to $100,000 in damages (formerly $50,000);
• Steps within the lawsuit, including production of documents relevant to the lawsuit, Examinations for Discovery of parties and Court motions to resolve disputes, are revised to make the lawsuit proceed faster;
• Attempts to end the lawsuit quickly – in the form of a Summary Judgment motion – are assisted with modified rules; and
• Preparing for Trial to avoid delays and to have the lawsuit proceed faster have also been implemented.… Continue Reading
Life Insurance Proceeds and Competing Beneficiaries Fighting Over $250,000
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, evidence, insurance law, motion on
Life insurance proceeds can be paid out either by way of beneficiaries designated on the life insurance policy itself or, if no beneficiary is listed, through the deceased’s Estate (i.e. through the Will of the deceased).
What happens when two different people claim to be the beneficiaries of a $250,000 life insurance policy, one of which can only produce an alleged photocopy of a “new” change of beneficiary form that was not filed with the insurer at the time of the alleged change?… Continue Reading
Lawsuit Damages for Pain and Suffering Injuries from Car Accidents – Bill 198 Threshold
On behalf of Bougadis, Chang LLP Barristers posted in bill 198 threshold, court civil procedure, damages, insurance law, motion, motor vehicle accident, pain and suffering, personal injury on
Ontario’s current insurance system regulating car accidents includes a “test” or threshold by which only certain injuries can successfully claim damages for pain and suffering arising from a car accident.
That is, only “serious and permanent” injuries can be awarded damages for your pain and suffering. Lawyers in this area continue to focus on cases that deal with this Bill 198 threshold issue for guidance on what qualifies as serious and permanent pain and suffering damages – i.e. chronic pain, anxiety, depression, inability to sleep (insomnia), radiating pain into your legs / arms / neck / head, being scared of cars and being unable to drive, constant pain in your back, neck, shoulders, etc.… Continue Reading
Homeowner’s Insurance – The Best Protection Money Can Buy
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, coverage and duty to defend, homeowner's insurance, insurance law, motion on
If you hurt someone unintentionally or cause damage or loss as a result of your unintentional actions, then hopefully you have homeowner’s insurance to protect you and respond to a lawsuit on your behalf.
Homeowner’s insurance is very important insurance and, in our view, no one should be without homeowner’s insurance.
The importance of homeowner’s insurance is that it potentially provides you with a legal defence (in a lawsuit) and may cover you for any unintentional negligent acts which end up hurting someone or causing them loss or damage. … Continue Reading
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