Justice Category Archives

Fyre Festival: The Legal Fallout

What is Public Nuisance?

Public nuisance is unique and is a separate category in Tort from negligence. When considering public nuisance, the courts begin their inquiries based on the harm suffered and not on the property owner’s conduct. Therefore, the ‘reasonable steps’ to keep a premises safe are not relevant to a claim of a public nuisance.

Contingency Fee Arrangements

In Ontario, access to justice is an important issue that the Law Society of Ontario (LSO) and the Ontario Trial Lawyers Association (OTLA) take very seriously. In order to ensure access to justice for all, the LSO allows lawyers in this province to take on risky cases without being paid at the start. These arrangements are commonly called ‘contingency fees’, ‘no win no fees’ or ‘speculative fees’. They are one type of retainer between a lawyer and client.

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.

The Economic Loss Expert

Calculating economic loss using a calculator and spreadsheet

When you have been injured in an accident, one of the objectives of financial compensation awarded by a judge or jury is to put you, the Plaintiff, in the same financial position you would have been in had your accident not occurred. In this regard, your lawyer may retain an accountant or economist, and sometimes an actuary, to help calculate these financial losses arising out of your accident.