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.
Generally, if you suffer injuries because of another party’s negligence you can sue that party for the full extent of your economic loss. This is not the case if you suffer a serious injury on a commercial airplane.
This time of year, our lakes are teeming with motorboats, sailboats and personal watercraft. Boating is a great way to spend a summer day. Unfortunately, a number of people in our area get seriously injured in boating mishaps each year.
This article reviews the Courts’ interpretation of the “catastrophic impairment” threshold for people with a combination of impairments. This is a very significant issue for people seriously injured in motor vehicle accidents. People who met the definition of catastrophic impairment are entitled to enhanced benefits from their insurance companies. Troy Lehman successfully argued the Arts v. State Farm case which is an important case in this area of the law.
Where a settlement is reached on behalf of a child or on behalf of a person who is mentally incapable of making financial decisions the settlement must be approved by the Court. The Court reviews not just the amount of the settlement but the investment and proposed management of the settlement funds. This article discusses various issues relating to the approval of settlements.
This article reviews the law relating to the use of demonstrative evidence at trial. Demonstrative evidence includes illustrations, charts, anatomical models and even computer simulated animations.
Expert witnesses are needed in order to properly present a personal injury case to the Court. This paper discusses the rules relating to the use of expert evidence in the Courtroom.
The companies that offer extreme sports experiences are liable for injuries and deaths caused by their negligence.
A municipality is exposed to liability when it permits a road to be in a condition that is unsafe for drivers exercising ordinary care.