Not Your Fault? Navigating Ontario’s Fault Determination Regime

Ontario’s Fault Determination Rules (“the Rules”) outline over 40 common collision scenarios each depicted with simplistic diagrams. Each collision scenario has a corresponding liability percentage assigned to each driver.  These Rules are largely used by your insurance company to determine who is at-fault for an accident. The challenge for drivers and insurance adjusters is determining which templated scenario in the Rules fairly applies to the …

What happens if my spouse or boss refuses to give evidence at trial?

A common issue in personal injury claims that clients raise is how their close relatives or co-workers will be involved in their lawsuit. A close relative can sometimes bring a claim pursuant to the Family Law Act which has its own set of risks and rewards that should be discussed with a lawyer. This article is going to focus on those who do not bring …

What is a notice letter?

If you have sustained an injury that is the result of the negligence of another person – you could have an action for damages. Your entitlement to damages begins at the moment you suffer your loss. However, as anyone who has brought a lawsuit before knows – you will not get paid for a long time. Since you are entitled to your damages right away, …

Do You Have a Fire Safety Plan?

This week from October 8 to October 14, 2017, marks Fire Prevention week across Canada. This year’s theme is “Every Second Counts : Plan 2 Ways Out!” Do you have a fire safety plan for your home? If you have a fire, how will you get out safely? How will you get your loved ones out? Where will you meet to make sure everyone is …

What is an Infant Settlement Motion and Why Does it Matter?

In personal injury lawsuits, it is common to have parties involved who are under the age of 18. In these situations the lawsuit will be started with a “litigation guardian” who makes the decisions on behalf of the infant.

Expert Witnesses: A Strange Legal Rule

The same biased expert witnesses are hired over and over again to give the same bad opinions, but their bias at trial can’t be cross-examined. The experts get to make a lot of money, but it doesn’t make a lot of sense from a fairness perspective.