Monthly Archives: February 2010
The Driver You Sue Has No Insurance – Now What?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, coverage and duty to defend, insurance law, motion, motor vehicle accident, personal injury on
You were hurt in a car accident and sue the other driver. What happens if the other driver has an insurance policy but, during the course of your lawsuit, the other driver’s insurance company denies coverage – i.e. refuses to defend or indemnify (protect) the other driver in the lawsuit? What happens if other driver does not have assets – like a house or steady job?
This is not an uncommon situation. Frequently, insurers have reason to deny their insured – see Section 5 of the Ontario Automobile Policy for a reference – which leads the insurer to add themselves as a statutory third party to the lawsuit.… Continue Reading
The Cost of a Lawsuit – $280,000 for 8 Days of Trial
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, wrongful dismissal on
The cost of lawsuits in Ontario is always a concern for potential litigants. We often are asked, “How much will my legal fees / costs be and how can I afford them?”
The recent case of Mathieson v. Scotia Capital Inc. (2010 Ontario Superior Court of Justice) provides an illustration of how an 8 day Trial of a wrongful dismissal action led to $280,000 of legal fees and expenses being awarded. The actual Trial decision (Nov/2009) is found here.
The 58 year old plaintiff was a senior employee in the investment banking group, having worked for 30 years prior to termination.… Continue Reading
Toronto Star’s Wheels Section – Ethics Quiz
On behalf of Bougadis, Chang LLP Barristers posted in news & events on
Our thanks to Mr. Eric Lai of the Toronto Star’s Wheels section for allowing us to participate last weekend in his article, in the form of an ethics test.… Continue Reading
Lawsuit Against Ottawa School for Long-Term Bullying of Child
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, motion on
A recent news story covered by Ottawa media including the Ottawa Citizen on a new lawsuit arising from alleged long-term bullying of a 10 year old girl.
The lawsuit alleges that the school failed to stop bullying of the 10 year old girl despite repeated requests from the parent and alleged obvious signs of bullying. The allegation is that the bullying appeared to last an entire school year.
One allegation includes, “(the 10 year old girl) was cornered in the washroom by the (bully), who threatened to kill Jaclyn and her parents if Jaclyn reported the incident.” … Continue Reading
Long Term Employee Fired Over $500 – Wrongful Dismissal
On behalf of Bougadis, Chang LLP Barristers posted in wrongful dismissal on
Wrongful dismissal questions – when can you fire someone for just cause and avoid paying severance or termination pay? What are the factors or reasons allowing for immediate termination without notice?
Can a 41 year old manager earning $142,000 per year plus stock options, who has been with your company for 9 years and who has 9 staff reporting to him, who is responsible for a $19 million/year marketing budget to promote a drug (with annual sales of $300 million) – can this manager be fired for falsely claiming $500 in golf and meal expenses?… Continue Reading
Ontario’s Car Insurance System – Update
On behalf of Bougadis, Chang LLP Barristers posted in insurance law, motor vehicle accident on
How are Ontario car insurance premiums determined?
Where do you find about whether your car insurance premiums are going up or down?
Readers may wish to review FSCO’s (Financial Services Commission of Ontario) quarterly rate approval page. By the most recent approvals in late 2009, it appears that insurance rates will increase – from zero to 15% increases were granted. The Toronto Star’s James Daw recently explained the issue.
Background information about wide-ranging reforms of Ontario’s car insurance regime, including how Accident Benefits claims and tort lawsuit actions are to be governed, is available at our Nov 2/2009 blog and also our April 7/2009 blog.… Continue Reading
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