Monthly Archives: May 2014
Ontario good Samaritan killed while assisting accident victim
On behalf of Bougadis, Chang LLP Barristers posted in wrongful death on
A 21-year-old man on his way to work during the pre-dawn hours of March 3 was killed in Ontario after stopping to help the driver trapped behind the wheel of a van that had flipped over. The Victoria Harbour resident, who had been commuting to his 6 a.m. job at a construction site in Toronto, reportedly saw the van as he drove by and pulled off the road, but he didn’t notice an oncoming tractor-trailer. That driver couldn’t control his vehicle, which jackknifed and hit the young man.… Continue Reading
Truck strikes car, killing 2 on Highway 401
On behalf of Bougadis, Chang LLP Barristers posted in negligent driver, wrongful death on
The Ontario Provincial Police have reported that two people were killed in a May 10 collision on Highway 401 involving a car and a tractor-trailer. One of the accident victims was a 13-year-old child. Authorities say that the cause of the accident is still being investigated. However, the sequence of events indicate that a negligent driver may have been responsible.
According to an OPP report, the accident took place around 2:30 p.m. in the vicinity of Mull Road. A tractor-trailer in the westbound lanes of Ontario Highway 401 struck a car after it strayed across the center median and into the path of oncoming traffic.… Continue Reading
Toronto Dog Attack: Motion to Dismiss Denied
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, homeowner's insurance, motion, personal injury, slip and fall on
The Issue: In Ontario, dog owners have responsibility to manage their dogs in public and to ensure the safety of other people, primarily by leashing and controlling their dogs while outdoors. There is legislation, called the Dog Owners’ Liability Act which imposes statutory responsibilities against owners.
Why This Matters
Dog owners should have a homeowner’s insurance policy which protects them if their dog bites or attacks someone or, inadvertently while playing with another dog, causes injury or frightens another person.
This Case Situation
In the case of Elbaum v.… Continue Reading
Administrative Dismissals: Trouble for Plaintiff Solicitors
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, motion on
The Issue: As part of the overall case management system by the Court, the administrative dismissal system has created another timeline for busy plaintiff solicitors to manage.
Why This Matters
The advent of administrative dismissals, and recent caselaw illustrating the importance of dealing with these notices (and dismissals) quickly, has led to a spate of challenges by defence counsel when an administrative dismissal is issued by the Court.
Such was the situation in this recent contested motion to set aside an administrative dismissal in the face of an action which was active at the time the administrative order was issued: Cundle v.… Continue Reading
Man gets 6 months in jail after hitting horse-drawn buggy
On behalf of Bougadis, Chang LLP Barristers posted in Car Accidents, compensation, pain and suffering, police on
On May 1, a 36-year-old man pleaded guilty in connection with an accident that injured three men and killed a horse. The Ontario Court of Justice sentenced the man to six months in jail and one year of probation for the charges. As a result of the probation, the man’s DNA was put on record, he may not sit in the driver’s seat of any motor vehicle and he must undergo councelling.
The car accident happened on May 11, 2013, in Dundalk.… Continue Reading
It’s OK When Insurers Fight Over Our Case: Markham Slip and Fall on Icy Sidewalk > Broken Ankle
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, motion, municipality, slip and fall on
One of our cases recently came to a hard fought motion wherein the two insurance companies defending our client’s lawsuit were arguing over whether there was a duty to defend under the policy of insurance as between the two insurers. This case involved our client who unfortunately was badly hurt after a slip and fall on a Markham city sidewalk, suffering a nasty fractured ankle requiring surgery and extensive hardware: Zhou v. Town of Markham: Zhou v. Town of Markham, 2014 ONSC 435 (CanLII).… Continue Reading
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