416-703-2402 Local
1-888-378-3388 Toll Free

Posts Categorized: damages

Pain and Suffering Damages in Alberta

As background, this follows our June 4 and June 5 blogs on pain and suffering damages.

Last week, the Alberta Court of Appeal in Morrow v. Zhang (2009 Alberta Court of Appeal) reversed the Trial decision which had previously struck down their threshold legislation regarding car accidents (see PDF version of Judgment here).

Therefore, as a result of the Alberta Court of Appeal’s decision, Alberta has a limit of $4,000 in damages for “minor injuries” suffered in car accidents.

It is unknown whether there will be an appeal to the Supreme Court of Canada, although one is expected.… Continue Reading

Tags: , ,

Pain and Suffering Damages in Canada > The Sky is Not the Limit

Following up on yesterday’s blog dealing with pain and suffering damages arising from car accidents, how much can you claim for pain and suffering damages in Canada (for any accident)?

Answer – the pain and suffering damage maximum in Canada is currently approximately $315,000.

That is, there is a limit in Canada as to how much you can recover for pain and suffering damages, no matter how serious, catastrophic or devastating your injury.

This limit was set by the Supreme Court of Canada in 1978 at $100,000 through the trilogy of cases: Andrews v.Continue Reading

Tags: ,

Car Accident Injuries > How Much is Your Pain and Suffering Worth?

If you are hurt in a car accident, how much is your pain and suffering worth by way of damages?

Answer – it depends on whether your injuries are minor or serious in nature.  It also depends on the location of your accident, as different provinces deal with this issue differently.

For serious injuries, pain and suffering damages are capped and the maximum you can receive is approximately $315,000 (more on this in tomorrow’s blog).

For minor injuries, the law may limit your pain and suffering damages. … Continue Reading

Facebook Defence Strikes Again – Lawsuit Claims Defeated

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

Mary Carter Agreement Pitfalls > Principles Reviewed

In a lawsuit where the plaintiff is suing two or more defendants, there exists the possibility that the plaintiff may choose to enter into a partial settlement prior to the completion of Trial.  A Mary Carter agreement is one type of partial settlement whereby the plaintiff settles against some (but not all) of the defendants and then continues the lawsuit against the remaining defendants.

In Laudon v. Roberts (2009 Ontario Court of Appeal), the plaintiff suffered personal injuries in a boating accident and sued two defendants. … Continue Reading

Tags: , ,

Bill 198 Threshold Case > Housekeeping Not Subject to Threshold

Case Comment – Sabourin v. Dominion of Canada General Insurance Company (2009 Ontario Superior Court)

This new Bill 198 threshold case found that the plaintiff did not meet the threshold.  Brown, J. found there to be various credibility problems associated with the plaintiff.  This was a minor rear-end accident whereby the vehicle damage to the plaintiff’s car was $2,300.

The analysis of the threshold test is helpful and includes a review of the White Paper proceeding the legislation change.

Interesting, the defence sought a ruling that housekeeping damages were subject to the Bill 198 threshold. … Continue Reading

Tags: , , ,