Nick Smith

Nick Smith

Nick first joined Oatley Vigmond as a law student, and later an articling student, prior to joining the team as an associate lawyer. He has a Law Degree from the University of Kent, a Master of Laws from Osgoode Hall Law School, as well as an undergraduate degree in Political Studies from Queen’s University.

Nick is interested in ensuring that clients are provided with the support and advice they require during the litigation process. People who have suffered through the trauma of a serious personal injury are already in a position of vulnerability, and Nick is committed to helping them through this difficult process. Specifically, Nick seeks to help right the balance in an insurance system that is becoming increasingly antagonistic toward injured individuals.

Mohiti v. Lemaire, 2018 ONSC 4150 (CanLII)

The courts will compel a plaintiff to attend a defence medical examination for a “matching” report where failure to do so would result in unfairness to the defendant.

Dunk v. Kremer, 2018 ONCA 274 (CanLII)

Where trial counsel employs inflammatory and inappropriate language in their closing, a clear and strong jury charge may obviate the need for a mistrial. Further, where a party fails to provide a Rule 53 report in adherence with the Rules, that expert’s evidence will be limited in scope.

Tan Duc Ngo v. Mario L. Neves, 2017 ONSC 6130 (CanLII)

Superior Court rules Plaintiff will not be compelled to attend neuropsychological assessment by defence as a result of the Plaintiff’s impairments and inability to complete the assessment.