Toronto Personal Injury Law Blog

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

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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

CASAL Gala Attended by the Attorney General of Ontario

Over 150 lawyers and judges attended the Canadian Association of South Asian Lawyers (CASAL) first inaugural dinner on May 29, 2009 at the Brampton Marriott to celebrate South Asian Heritage Month.

The chief guest of the evening was The Honourable Chris Bentley, Attorney General of Ontario, as announced in our previous blog entry.

A picture of The Honourable Chris Bentley, Attorney General of Ontario and Vice President of CASAL Joga Chahal is found here.

In celebration of South Asian Heritage Month, CASAL at its first inaugural dinner, acknowledged the achievements and excellence of South Asians in law and the legal profession by honouring four Judges representing the Ontario Court of Appeal and the Ontario Court of Justice.… Continue Reading

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Bicycling Collisions While Riding on the Sidewalk

Ming Pao’s helpful article on May 30, 2009 regarding the issue of bicycling in the City of Toronto and the responsibilities of cyclists in relation to pedestrians walking on city sidewalks.  An English version of this article is found here.

See our related blog entry on the issue of an accident between a bicyclist and a car.

Our thanks to Mr. Kwan Luk and Ming Pao newspaper for allowing us to comment on the issue.

Gregory Chang
Toronto Insurance Litigation Lawyer… Continue Reading

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Striking a Jury Notice is Not Easy > Principles Reviewed

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

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SARS Lawsuits Struck > No Claim Allowed Against Province of Ontario

SARS (severe acute respiratory syndrome) was an issue in Toronto in 2003.  The disease was largely contained to hospital and health care workers and further information from the WHO (World Health Organization) is found here.

A number of lawsuits were brought as a result of SARS and recently, five cases were decided together by the Ontario Court of Appeal.  All five cases dealt found that the Province of Ontario could not be found to have a private law duty of care to any of the plaintiffs; each of the Statements of Claim were struck as against the Province of Ontario.… Continue Reading

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