Toronto Personal Injury Law Blog

Many Ontario lawsuits will be conducted differently starting January 1, 2010.  The government release in December, 2008 is found here.

The Honourable Coulter Osborne, Q.C. made a series of recommendations in late 2007, various of which will be implemented in January, 2010.  You can find the report here.

The changes are significant and numerous.  A partial short list of important changes which appear ready to be implemented include:

Case Comment – Economical Insurance Group v. Fleming (2009 Ontario Court of Appeal)

The 12 year old friend of your child is seriously hurt while visiting your cottage.  You tell your insurance company.  A lawsuit is started and your insurance company agrees to respond to the claim.  Then your insurer refuses to defend you.  Now what?

In Economical Insurance Group v. Fleming (2008 Ontario Superior Court of Justice), the owners of the cottage brought a court motion against their insurance company, seeking protection of their insurance policy. … Continue Reading

Case Comment – Rio v. Lawrence (2009 Ont. S.C.)

This is an interesting read for lawyers who practice personal injury law in Ontario.  It is another case recently interpreting the Bill 59 threshold for pain and suffering damages.  For background, please see our March 4, 2009 entry.

This is a decision of Mr. Justice Gans of the Ontario Superior Court of Justice.  This accident occurred on October 5, 2001, approximately 7 years prior to the Trial.  The Jury awarded $22,500 for pain and suffering damages (prior to the application of the $15,000 deductible) and $1,900 for income loss.… Continue Reading

Case Comment – Xiao v. Gilkes (2009 Ont. S.C.)

This case is an interesting review and interpretation of the Bill 59 threshold for pain and suffering damages, arising from a motor vehicle accident which occurred on November 20, 2000.

In Ontario under the legislation governing motor vehicle accidents, the “Bill 164” regime was for accident which occurred between January 1, 1994 to October 31, 1996; a deductible of $10,000 applied to pain and suffering damages.  The “Bill 59” regime applied to accidents occurring between November 1, 1996 to September 30, 2003; the deductible for pain and suffering damages increased to $15,000. … Continue Reading

Case Comment – Siemens Canada Limited v. City of Ottawa, (2008 Ont. S.C.)

This is an interesting review of the change of venue test, whereby the defendant may seek to move the lawsuit from one Registry in Ontario to another.  This case is reported at Siemens Canada Ltd. v. Ottawa (City) (2008) 93 O.R. (3d) 220 (Ont. S.C.).

This case involves an aborted $217 million project whereby the plaintiff was to provide parts of a light rail system (LRT) for the City of Ottawa.  … Continue Reading

Case Comment – Leduc v. Roman, 2009 (Ont. S.C.)

The rise of these social interaction websites has been chronicled for some time and even for those who do not use these sites, they are familiar.  With MySpace being purchased for $580M (US) in 2005, a small portion of Facebook being sold to Microsoft in 2007 (valuing all of Facebook potentially at $15B) and U.S. Presidential candidate Barack Obama utilizing the power of the internet to his campaign’s benefit, the power of the internet to spread information and gather people is acknowledged.… Continue Reading