Posts Tagged: motion
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
Facebook Strikes Again: Partial Disclosure Ordered, Preservation of Site Required – Part 6
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, damages, evidence, motion, motor vehicle accident, personal injury, production of documents, social media on
In this case Young v. Comay, 2013 ONSC 7552 (CanLII) the plaintiff testified at Discovery that she did have an ongoing Facebook account, prior to the accident, and that family photos and possibly other photos were posted therein.
Broad, J. ordered disclosure as follows:
[22] I would therefore order that the plaintiff serve a Supplementary Affidavit of Documents disclosing all photographs of herself, in her possession, power or control which are relevant to any matter in issue, including photographs depicting her engaged in physical, recreational, housekeeping, home maintenance or work-related activities for two years prior to the accident and during any period following the accident in respect of which she is claiming damages on the bases set forth in the Statement of Claim.… Continue Reading
Summary Judgment Motion: Discoverability is Based on Knowledge and Defendants Have Responsibility to Act Promptly As Well
On behalf of Bougadis, Chang LLP Barristers posted in motion on
If you are hurt in a slip and fall (ie on snow or ice), then your lawyer will have to try to sue not only the owner of the property but the maintenance company which was contracted to clean / care for the land – i.e. the snow clearing contractor.
As the injured plaintiff, you can do a property search on the owner of the land where you fell, but finding the contractor, if any exists, means you either rely on the landowner’s insurer advising you or you, through your familiarity with the property, know the contractor’s name yourself.… Continue Reading
Summary Judgment Motion: Aggressive Liability Challenge in MVA Case (or “Always Sue Every Possible Tortfeasor”)
On behalf of Bougadis, Chang LLP Barristers posted in motion on
Sometimes you simply have to sue your own family members.
It doesn’t get easier, but after 18 years of dealing with families that have their lives turned upside down because of a car accident, I have learned to explain more poignantly why, in some circumstances, the hurt family members “must” sue the driver of their car – very often the Dad or Mom of the family – even though the car accident was ‘not their fault’.
If you’re a car passenger, you almost always sue every single possible source – ie the driver and owner of every car involved in the accident – because it you don’t, problems might arise.… Continue Reading
Seeking Protection from Your Insurance Policy > Duty to Defend Evaluated
On behalf of Bougadis, Chang LLP Barristers posted in coverage and duty to defend, insurance law, motion on
The Issue
When should an insurance company respond to protect their insured? If a company is asked to produce extensive records to the Ministry of Environment regarding land they formerly owned – which would cost millions of dollars to search and provide those records – can this company seek the protection of their insurance company for these costs? What if the company complies willingly with the MOE request? Does that make a difference as to whether they are protected by their insurance policy? Companies or individuals are sometimes the recipients of letters from third parties, such as governmental agencies, requesting that the company or individual take certain actions.The issue which arises is whether or not the costs of complying with these request letters is compensable from an insurance policy under its “duty to defend or investigate”?… Continue Reading
Charged with Careless Driving…Can You Still Sue for Your Damages?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, liability, motion, motor vehicle accident, personal injury, summary judgment on
The Issue
If you rear-end another car and you are charged with careless driving, can you sue the other driver (the car you hit) for damages for the injuries and loss that you have suffered?
Normally, plaintiffs are the ones who are rear-ended and it is expected that they can claim their damages for injuries suffered (a notable exception: here).
But if you rear-end, can you still sue?
Why This Matters
The recent Ontario Superior Court of Justice case of Hatzitrifonos v.… Continue Reading
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