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Articles by: Adam R. Little

Ewing (Litigation guardian of) v. Conte

This is an important decision involving an injured person’s ability to access justice without delay. It involves a woman who suffered a catastrophic brain injury when she was hit by a motor vehicle as a pedestrian. The case was commenced in Barrie, where trial dates are readily available. The defence brought a motion to transfer the trial to Toronto. The Toronto system is backlogged and a transfer to Toronto would have meant that the trial would be delayed for three years.

Motorcycle Safety Gear

Even though motorcycles are inherently more dangerous to operate than passenger cars, we are seeing an increase in the popularity of this mode of transportation. In an effort to reduce the risks of riding a motorcycle, enthusiasts are taking considerable steps to protect themselves through the use of sophisticated safety gear. Some examples include protective gloves, plated or padded jackets, reinforced boots and protective pants.

Protecting “Sorry” – The Apology Act

In the past, doctors and other health professionals have been known to avoid apologizing when mistakes or bad outcomes happen, for fear that saying “sorry” could be interpreted as an admission of guilt or fault.

Travel Medical Insurance – Are You Protected?

Unfortunately, travel insurance companies can sometimes be difficult to deal with when emergencies arise, especially if the injured or ill traveller does not understand the “fine print” of the policy they purchased.

Liability for Defective Products

n Canada, each of the provinces has also legislated a “Sale of Goods Act” which makes sellers or retailers of products responsible for, among other things, hidden defects which are not obvious upon inspection.

Causation

Without causation, there can be no compensation.