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Posts Categorized: court civil procedure

Expert Reports Can be Claimed Against Accident Benefits Carrier, Even if Used in Tort

The Background:  When injured in an Ontario car accident, plaintiffs suing in tort (i..e against the other driver) also have an ongoing claim with their Accident Benefits carrier, which very often turns into a dispute claim.

The Issue:  Can the cost of an expert report be claimed against the Accident Benefits carrier, even when the report is partially used in the tort lawsuit?

Why This Matters:  Plaintiffs incur significant expenses (disbursements) when prosecuting their tort lawsuit and/or accident benefits disputes.  It is important to seek re-imbursement whenever possible. … Continue Reading

Unusual Allegations of Plagiarism by a Trial Judge

The BC Court of Appeal has released the Cojocaru (Guardian Ad Litem) v. British Columbia Women’s Hospital and Health Center, 2011 BCCA 192  decision, in which it overturns the Trial decision, citing that the Trial Judge did not demonstrate, through the Trial judgment, that the Reasons given were an independent analysis of the Trial evidence.

A sensational news story already, it will have some legs since this was a 2 to 1 decision in the Court of Appeal and the plaintiff’s lawyer has stated publicly that an appeal is likely. … Continue Reading

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Dog Bites and Lawsuits Go Hand in Hand

Dog bites and attacks are fairly common in Ontario.

Dog owners should remember two things:

1.  Buy homeowner’s (or tenant’s) insurance and, to protect yourself, ensure you have coverage in case your dog hurts someone; and

2.   Understand the potential legal liability which arises if your dog hurts someone, by reading Ontario’s Dog Owner’s Liability Act.

The Importance of Homeowner’s / Tenant’s Insurance

With the resulting lawsuit seeking damages and injury and loss arising from a dog bite, a dog owner who has homeowner’s (or tenant’s) insurance usually has the benefit of their insurance company defending them against the lawsuit and also provided coverage in the case that indemnity is required.… Continue Reading

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Facebook Defence – 1,500 Pages Sought – Personal Injury Lawsuit – Part 5

Three separate plaintiffs suing for damages arising from a dog attack, pursuant to Ontario’s Dog Owner’s Liability Act, had three different Facebook and MySpace accounts containing approximately 1,500 pages of photographs, blogs and emails.

In the 2009 Ontario Superior Court of Justice decision of Kent v. Laverdiere, Master Haberman extensively reviewed the merits of the defendant’s motion for production of the three separate plaintiffs and their social networking profiles, totaling more than 1,500 pages.

The main issue concerning this motion was the extensive nature of production sought (and the number of hours required to properly produce this information) versus the imminent Trial date, set for four weeks after this subject motion.… Continue Reading

Facebook Defence – Give Me Access! – Personal Injury Lawsuits – Part 4

One of the earlier Ontario cases dealing with disclosure of a plaintiff’s Facebook account profile was the 2007 Ontario Superior Court of Justice case of Murphy v. Perger (2007) 67 C.P.C. (6th) 245, in which Madam Justice Rady ordered production of a plaintiff’s Facebook account profile, which was marked as a “private” account but had 366 Facebook “friends” attached.

The defendant, in this productions motion, did not seek access to the email communications contained on the plaintiff’s Facebook account.

The plaintiff solicitor had, prior to this motion, produced pictures of the plaintiff showing her pre-accident activities, in support of her claim post-accident of suffering from fibromyalgia and TMJ (temporomandibular joint) disorder.… Continue Reading

Facebook Defence Strikes Again in Personal Injury Lawsuits – Part 3

You enjoy keeping in touch with family and friends on Facebook.  It is an easy way to stay current with old acquaintances.

Then you are involved in a car accident or slip and fall accident.  You are badly hurt.  Eventually you go to see a lawyer to help you start a lawsuit, as you are unable to work and earn an income.  Your ongoing pain and need to seek medical treatment convinces you that your injuries may be long-term.

You start a lawsuit. … Continue Reading