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Posts Categorized: evidence

Faster Lawsuits – Summary Judgment Motion Changes

The rules governing the way civil lawsuits are conducted in Ontario have changed – see January 25, 2010 blog and March 11, 2009 blog.

For lawsuits which seek more than $25,000, one of the most significant changes is to the rule governing summary judgment motions.

A “summary judgment motion” is an early Court attendance where one party tries to end the lawsuit very early, before Trial, on the basis that the case is so strong in their favour that they can show that they should and almost certainly will succeed at Trial.… Continue Reading

Life Insurance Proceeds and Competing Beneficiaries Fighting Over $250,000

Life insurance proceeds can be paid out either by way of beneficiaries designated on the life insurance policy itself or, if no beneficiary is listed, through the deceased’s Estate (i.e. through the Will of the deceased).

What happens when two different people claim to be the beneficiaries of a $250,000 life insurance policy, one of which can only produce an alleged photocopy of a “new” change of beneficiary form that was not filed with the insurer at the time of the alleged change?… Continue Reading

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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

After Settling Your Claim, Can You Still Sue?

Case CommentWasyliuk v. Osipau (2009 Ontario Superior Court)

The plaintiff was rear-ended in a car accident and received some Accident Benefits afterwards.  His was not an active claim and approximately 20 months after the accident (before he retained a lawyer) he met with the opposing side’s tort insurance adjuster, signed a Full and Final Release settling his claim and accepted $4,657.92 as settlement of his claim.

By settling, the plaintiff presumably was giving up his right to sue for damages, before actually starting a lawsuit, in exchange for an early settlement.… Continue Reading

The Key to a Strong Lawsuit? Evidence, evidence, evidence.

Case Comment – Carleton v. Beaverton Hotel (2009 Ontario Superior Court)


In real estate, the key to success is often described as “location, location, location”.  In personal injury lawsuits, having evidence to support your claims is fundamental in building your lawsuit.


So what happens if a plaintiff seeks damages for a large future income loss (i.e. alleging an inability to earn as much in the future because of the injuries suffered in the accident) but cannot provide evidence showing how and where he made his money before the accident? … Continue Reading

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Ontario’s E-Laws Website is an Official Source of Legislation

Remember that effective November 30, 2008, by Regulation to the Legislation Act, 2006 that you can use Ontario’s e-laws website to obtain an official copy of Ontario’s laws.

The government’s FAQ site is found here for further reference.


Gregory Chang
Toronto Insurance Litigation Lawyer… Continue Reading

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