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Posts Categorized: sports accident

Hurt Tobaggoning in Hamilton: $580,000 for Spinal Cord Injury

A family of four went tobaggoning on a reservoir property owned by the City of Hamilton, in an area where tobogganing was expressly prohibited (but this was not known by the family). After their two children went down the hill, the plaintiff father went down, hit a ridge and overturned, and badly injured himself, including a crushed L1 vertebrae, chronic pain and depression. The mother and father eventually ended their 19 year marriage alleging that the father’s changed personality after this accident was the main reason.… Continue Reading

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Hurt Tobaggoning in Hamilton: $580,000 for Spinal Cord Injury

A family of four went tobaggoning on a reservoir property owned by the City of Hamilton, in an area where tobogganing was expressly prohibited (but this was not known by the family). After their two children went down the hill, the plaintiff father went down, hit a ridge and overturned, and badly injured himself, including a crushed L1 vertebrae, chronic pain and depression. The mother and father eventually ended their 19 year marriage alleging that the father’s changed personality after this accident was the main reason.… 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

Serious Sport Injuries in Canada – Dying for the Love of the Game

Serious sporting injuries and death, while infrequent, do occur within amateur sports in
Canada.

Rugby death in 2007.  As widely reported (see yesterday’s Toronto Star article here), the 2007 sporting death of 15 year old Toronto high school rugby player Manny Castillo led to the criminal sentencing yesterday of the assailant (then 16 years old).  The 16 year old who tangled with Mr. Castillo was initially charged criminally with aggravated assault and then later charged with manslaughter.  He received a probationary sentence and other conditions but will not face jail time.… Continue Reading

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