Posts Tagged: court civil procedure
Dutton Car Accident Due to Poorly Kept Road: $950,000 Case Dismissed
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, motor vehicle accident, municipality, personal injury on
A good case for personal injury practitioners to review, as illustration of some of the complexities involved with claiming negligence (from a motor vehicle accident) against a municipality for failure to properly maintain their roads, including breaches of the Municipal Act, 2001 regulation, the Minimum Maintenance Standards for Municipal Highways: McLeod v. General Motors of Canada Limited et al., 2014 ONSC 134 (CanLII).
Justice Leach provides an extremely detailed and lengthy analysis of this action, in which a young adult female, alone in the car, drove off a quiet dirt and gravel road and suffered serious injuries as a result.… Continue Reading
Hurt Tobaggoning in Hamilton: $580,000 for Spinal Cord Injury
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, municipality, personal injury, sports accident on
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
Hurt Tobaggoning in Hamilton: $580,000 for Spinal Cord Injury
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, municipality, personal injury, sports accident on
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
Toronto House Destroyed by Fire: Denial Based on Contract Wording
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, homeowner's insurance, Ontario, summary judgment motion on
Interesting case where the fight was over a $345,000 replacement cost provision within theresidential / homeowner’s insurance policy: Willoughby v. Pilot Insurance Company, 2014 ONSC 95 (CanLII)
There was no fight over the cause of the fire (i.e. fraud was not alleged) nor whether there was valid coverage available. Instead, the plaintiff homeowners decided to buy another home instead of building a new structure on their existing, fire-damaged lot.
It’s curious as to why this fight arose, particularly since the fire happened about 4.5… Continue Reading
Faster Lawsuits: Defence Tries to Force Plaintiff to Trial Within 3.5 Months of Starting Their Lawsuit
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, motion, motor vehicle accident, personal injury on
You won’t be given relief, unless you ask….
A pretty aggressive motion by the defendants, having apparently failed to slow down one set of plaintiffs (which was ordered to Trial by Judge Snowie) led to this motion to drastically speed up the lawsuits of two other sets of plaintiffs: Chen v. Ji, 2013 ONSC 7408 (CanLII).
All 3 sets of plaintiffs were involved in the same August 2011 motor vehicle accident in Ontario. The first set started their lawsuit early and were ready to go to Trial in Jan/2014.… Continue Reading
Big Win for Ontario Insurer: Bifurcation of Personal Injury Trial Ordered
On behalf of Bougadis, Chang LLP Barristers posted in cottage / vacation, court civil procedure, damages, evidence, insurance law, motion, personal injury on
Splitting a trial – between liability and damages – is a tactic which favours the defendant insurers. If you have a serious injury, can the defendant force you to go to Trial twice? Can the defendant de-risk the file in the face of a significant damages claim?
A new case that should cause plaintiff personal injury lawyers to shudder: Woodbury v. Woodbury, 2013 ONSC 7736 (CanLII)
If you have a serious injury, can the defendant force you to go to Trial twice?… Continue Reading
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