Posts Categorized: court civil procedure
Your New Vehicle is a “Lemon Car”. Do you Arbitrate or Sue in a Lawsuit?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, damages, insurance law, news & events on
Our thanks to Mr. Eric Lai and the Toronto Star Wheels section for allowing us to provide a response to one of their reader’s questions last Saturday, June 27, 2009. The article is hereand also in PDF format.
The term “lemon car” refers to legislation in various US states that specifically deal with when a new car is deficient and needs to be replaced/refunded by the manufacturer. The legislation differs from US state to state, but in essence their laws try to set up objective standards (i.e.… Continue Reading
Your Long Term Disability Claim is Denied. Is There a Way To Fight Your Insurance Company – Quickly?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, long term disability on
Assume that you have LTD (long term disability) insurance coverage available to you.
What happens when you become sick and cannot work anymore? What if you apply to your LTD policy for coverage and are denied? What if you must fight your insurance company in Court to seek payment and benefits under your insurance policy?
To fight your insurance company, are you required to start a lawsuit and follow through all the usual steps in litigation – including disclosure and exchange of your relevant documents; Examinations for Discovery of all parties; and attending at defence medical assessmentsrequested by the insurance company?… Continue Reading
Injured in a Car Accident > Medical Assessments > What are the Limits?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, motion, motor vehicle accident, personal injury on
In Ontario, when you are injured in a car accident, you inevitably undergo some form of medical assessment.
If you make a claim for Accident Benefits and seek treatment outside the Pre-Approved Framework (PAF), then you will likely be assessed by a medical practitioner. The purpose is to evaluate whether you are entitled to benefits.
If you start a lawsuit against the car(s) that caused your accident, then you are likely to undergo a medical assessment at the request of the defence. … Continue Reading
Injured in a Car Accident > Medical Assessments > What are the Limits?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, motion, motor vehicle accident, personal injury on
In Ontario, when you are injured in a car accident, you inevitably undergo some form of medical assessment.
If you make a claim for Accident Benefits and seek treatment outside the Pre-Approved Framework (PAF), then you will likely be assessed by a medical practitioner. The purpose is to evaluate whether you are entitled to benefits.
If you start a lawsuit against the car(s) that caused your accident, then you are likely to undergo a medical assessment at the request of the defence. … Continue Reading
Striking a Jury Notice is Not Easy > Principles Reviewed
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, jury on
Further to last week’s blog on this case, in a motion brought at Trial, the plaintiff sought to strike the jury in Laudon v. Roberts (2007 Ontario Superior Court) and have the Trial proceed with Judge alone.
The basis was that during cross-examination of the plaintiff’s Mother, defence counsel sought to introduce irrelevant information that the plaintiff had been accused of a robbery in British Columbia, in two separate questions. This exchange took place in front of the Jury. The alleged robbery had nothing to do with the case at hand, which was an action for personal injuries arising from a boating accident in Ontario. … Continue Reading
Facebook Defence Strikes Again – Lawsuit Claims Defeated
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, damages, evidence, motor vehicle accident, personal injury on
In personal injury lawsuits, the internet is being checked for personal information about plaintiffs in order to test allegations of impairment. See our previous blog entry for a recent Ontario case involving a Facebook defence.
In the Newfoundland case of Terry v. Mullowney, (2009 Newfoundland Trial Division), the plaintiff was a 28 year old male mechanic, single, who suffered soft tissue injuries from two car accidents. He complained of neck, shoulder and back pain, along with pain radiating into arms and legs.… Continue Reading
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