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Posts Tagged: damages

Caledonia Trip and Fall: Fractured Shoulder and Rotator Cuff Tear > $107,000

The Issue: What are some of the problems you face when suing a city / municipality for a slip / trip and fall accident (i.e. uneven sidewalk)?

In Ontario, a trip and fall on a city sidewalk can be a difficult liability situation, so that often only quite serious injuries, resulting in significant loss and damage, are brought to Trial. Here, a married mother of two, employed as a hairdresser, suffered a serious shoulder fracture and rotator cuff tear as a result of stubbing / catching her toe on the lip of a concrete sidewalk slab that was sticking up higher than the adjoining slab: Grayling v.Continue Reading

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Defence Medical Assessments from Rear-End Car Accident: How Many Do You Have to Attend?

The Issue: One question many car accident victims have when they start a lawsuit is how many medical examinations they will have to submit to during the course of their lawsuit. The Rules of Civil Procedure allow for one medical assessment, with the defendant(s) having then to seek the plaintiff’s consent or a Court order for any further assessments. In reality, the Court will generally allow the defendant to match a plaintiff in terms of expert medical reports.

When can the defendant’s insurance company force you to undergo further defence medical examinations, when you’ve already been examined by their chosen psychiatrist and physiatrist?… Continue Reading

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Double Deduction against your Damages? A Defence Perspective

This follows our March 9, 2011 blog wherein we commented upon the deduction allowed for income replacement benefits (“IRB”), in the 2011 Ontario Superior Court of Justice case of Sutherland v. Gurmeet Singh.

From an insurer / defence perspective, the Sutherland decision properly addresses the purpose of Ontario’s Insurance Act (including Section 258.3), which is to require claims for injury and loss arising from car accidents to undergo the rigour and testing of the Accident Benefits regime, which then carries forward into the tort lawsuit.… Continue Reading

Brampton Sidewalk Slip and Fall – Knee Surgery: Claim Dismissed

A 51 year old electrician recently had his personal injury lawsuit, against the City of Brampton, dismissed on a summary judgment motion that considered the new directions given by theHryniak decision by the Supreme Court of Canada. The issue was whether the plaintiff’s failure to give notice to Brampton, within 10 days of slip and fall, was fatal to his claim against the City. Due to lack of knowledge, this plaintiff did not give notice to the City of Brampton until approximately 18 months post-accident.… Continue Reading

Ontario Trial Adjournment: Personal Injury > $50,000 Costs Thrown Away

This case involves a last minute adjournment motion by the defendant (insurer) based on a medical report served by the plaintiff about 2 weeks before Trial, involving a claim for personal injury suffered in this Ontario lawsuit.

The defendant served an updated medical report about 3 weeks before Trial; it is unclear whether this was based upon a concurrent defence medical examination or whether it was an updated report based on a paper review: Quan v. Staar Surgical Company, 2014 ONSC 27 (CanLII).… Continue Reading

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Big Win for Ontario Insurer: Bifurcation of Personal Injury Trial Ordered

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