Monthly Archives: February 2014
Faster Lawsuits: Ontario Summary Judgment Motions Clarified
On behalf of Bougadis, Chang LLP Barristers posted in motion on
An important Supreme Court of Canada (“SCC”) decision on the issue of Ontario summary judgment motions had been rendered, affecting all civil litigation, including personal injury lawsuits and insurance lawsuits as well: Hryniak v. Mauldin, 2014 SCC 7 (CanLII).
This decision provides clarity as to the powers and responsibilities of the Court, and parties, in respect of summary judgment motions. It further clarifies the law after the Ontario Court of Appeal decisions in Combined Air – note that Hryniak was one of the five actions in the Ontario Court of Appeal’s Combined Air decision.… Continue Reading
Hurt in Car? Ontario Accident Benefits Changes: Attendant Care
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, attendant care benefits, economic loss, motor vehicle accident, toronto on
When you are hurt in a motor vehicle accident in Ontario, some accident benefits available to you potentially is attendant care benefits, which is a monthly payment to assist you with you daily activities while you are hurt. This may include getting ready in the morning, preparing your meals, etc.
There were big changes (i.e. reductions in attendant care benefits payable) in September 2010, including the limitation as to who could provide you with attendant care and be paid for their service.… Continue Reading
Big Win for Ontario Insurer: Bifurcation of Personal Injury Trial Ordered
On behalf of Bougadis, Chang LLP Barristers posted in cottage / vacation, court civil procedure, damages, evidence, insurance law, motion, personal injury on
Splitting a trial – between liability and damages – is a tactic which favours the defendant insurers. If you have a serious injury, can the defendant force you to go to Trial twice? Can the defendant de-risk the file in the face of a significant damages claim?
A new case that should cause plaintiff personal injury lawyers to shudder: Woodbury v. Woodbury, 2013 ONSC 7736 (CanLII)
If you have a serious injury, can the defendant force you to go to Trial twice?… Continue Reading
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