Justice Category Archives

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.

The Year of the LAT

Fireworks celebrate one year since the debut of the LAT

We’ve now had a year’s worth of LAT decisions (the first LAT decision was released online in July 2016). This post will examine the LAT decisions published online on CanLII to date (or at least up until June 22, 2017).

Plaintiff Privacy: Personal Information Collected for Trial

Personal information, stored in binders

Privacy is an important issue for everyone, but beginning a lawsuit for injuries will require you to share personal information. During the examination for discovery process, lawyers for the Defendant will often ask for many kinds of records or statements to understand your injuries and to build their case against you. Medical and Employment Records Medical and employment records are always collected as part of …

Challenging jury bias in Ontario automobile injury trials

car key with "insured" written on fob

Should people with auto insurance be excluded from juries in car crash trials? OTLA Director Kris Bonn argues that jurors familiar with car insurance might decide to reduce the victim’s award, in order to keep premiums from becoming more expensive. How is that fair to Ontario’s vulnerable and injured?