Monthly Archives: April 2014
Faster Lawsuits > Practice Reminder: Tickler System for Service of Statement of Claim
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, motion on
A busy litigation practice involves juggling priorities and managing the deadlines which naturally occur in each lawsuit.
One requirement, designed to move lawsuits forward, is to serve the defendants formally with your Statement of Claim within six months of issuance.
If you fail to and do not obtain consent from the defendant, then you have to bring a motion seeking a Court order extending the time for service of the Statement of Claim past six months, as happened in: Bernardo v.… Continue Reading
Ontario study shows the cost of teenage brain injuries
On behalf of Bougadis, Chang LLP Barristers posted in Brain Injury on
Despite what many teens in Markham think, they are not invincible. They can suffer a serious injury just like anyone else, and since they are so young, the lifelong effects of their injuries will last much longer than if they were older. A new study based on information from the 2011 Ontario Student Drug Use and Health Survey has found that teenagers who suffer traumatic brain injuries have severe effects on mental health, including making teens more susceptible to suicide.
When a teenager’s traumatic brain injury is the result of someone else’s negligence, that teenager and his or her parents can file a personal injury lawsuit against the individual responsible.… Continue Reading
Settle Out of Court for $80,000; Fight in Court Over $1400
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, motion, personal injury on
Litigation arising from a motor vehicle accident tends to be difficult for all parties involved, particularly with the stress of a lawsuit ‘hanging’ over your life. Sometimes you just wish that the other side would ‘see the light’, be reasonable and agree to resolve the lawsuit.
In some instances, litigation becomes fairly heated between the parties and counsel involved, so that both sides are simply not prepared to negotiate or compromise any further. The limit has been reached and there is no sense in more discussion.… Continue Reading
10 Year Old Lawsuit Faces Motion To Dismiss for Delay: A Close Call Averted
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, evidence, motion on
If your lawsuit is not moving forward in an expeditious manner, the defendants can bring a motion to dismiss for delay, as occurred in this recent case: Mayhew v. Paddon + York Inc., 2014 ONSC 57 (CanLII).
In this case, the allegations against the plaintiffs included failure to comply with several previous Court orders, as well as a delay in answering undertakings arising from Discovery.
Judge Morawetz lays out the test to consider as follows:
[28] The court’s authority to dismiss an action for delay is found in Rule 24.01… Continue Reading
2 injured in accident between car and motorcycle
On behalf of Bougadis, Chang LLP Barristers posted in Car Accidents, police on
A man and woman were critically injured in Toronto in a collision between a car, motorcycle and pedestrian on the evening of April 6. The car accident took place near the intersection of St. Clair Avenue East and Yonge Street about 5:30 p.m. According to witnesses, just before the accident, three motorcycles were headed north on Yonge Street.
A vehicle headed south was trying to make a left turn as the three motorcycles approached the intersection with Pleasant Boulevard. A police sergeant said that the motorist might or might not have seen the oncoming motorcycles.… Continue Reading
Teen injured by motorized partition at school
On behalf of Bougadis, Chang LLP Barristers posted in accident, injuries on
A young teen at an Ottawa high school was transported to a medical facility after he suffered severe injuries when he became trapped by a motorized dividing wall in the gym. Emergency personnel responded to the scene shortly after noon on March 27 where they found educators with the unconscious child, a seventh-grader, after he was pinned by the partition.
Paramedics were able to revive the unconscious 13-year-old student and rushed him to a trauma unit after his pulse was restarted and he began breathing again.… Continue Reading
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