Uncovering the Truth, Hidden Documents and Buried Children: Residential School Survivors and Their Families Deserve Better

There will never be enough compensation to make whole Residential School Survivors or their families, but their experiences cannot be in vain. That requires getting at the truth which continues to rear its ugly presence, even more than 13 years after the Government of Canada formally apologized in 2008. Despite that apology, the wounds of the past continue to be reopened both for residential school survivors and their families…

What is a Housekeeping and Home Maintenance Claim in Personal Injury?

Persons who suffer serious personal injuries often have difficulty returning to the normal life they led before the accident. A lawyer who is a member of OTLA can help recover money for a range of changes or ‘damages’ due to an injury. These can include ongoing pain and suffering, changes in ability to work, the need for medical treatments and changes in ability to complete tasks at home. This article will focus on the tasks at home…

New Contingency Fee Rules

Effective July 1, 2021, the Law Society of Ontario implemented new requirements as part of its ongoing contingency fee reform. These requirements are intended to simplify and standardize the information that potential clients receive if they need to engage a lawyer or paralegal to assist them in a contingency fee matter…

Witness Tips for a Virtual Trial

Giving evidence in Court can be intimidating and nerve-racking. Most people have never been into a Courtroom let alone been forced to answer questions in front of a Judge. With the move to virtual trials, witnesses face different challenges when they are told they need to testify in Court. Here are some tips for getting comfortable with the process and presenting your evidence as clearly as possible.

Availability of Insurance in Fatal Accident Compensation Involving Reckless and Impaired Drivers

While the lockdown has seen a significant reduction in accidents, there has been an increase in the number of serious and catastrophic accidents caused by excessive speeding (including stunt driving) and, at times, driving while impaired. Incidents of stunt driving have increased dramatically since the pandemic, with the OPP often reporting on social media young drivers clocking speeds of 150 to 250 km/h on highways and roadways…

Framing the Argument for General Damages in Sexual Violence Lawsuits

This article aims to frame the discussion of general and aggravated damages merited in cases of sexual abuse or sexual battery (which for ease of reference will be referred to as “sexual violence lawsuits”). The undertone of sexual violence in the personal injury context augments the appropriate level of general damages in these cases. It is evident upon review of the jurisprudence, that claims for general damages in sexual violence lawsuits cannot be assessed in the same way as personal injury claims related to slip and falls or motor vehicle accidents. There is an added dimension to sexual violence lawsuits, which results in a particularly negative effect upon the plaintiff, and ought to be compensated accordingly…