In Moore v. 7595611 Canada Corp, a jury awarded two parents $250,000, each, for the loss of their daughter. The defendants appealed the jury’s award and the Ontario Court of Appeal had to decide whether to intervene…
Moore v. 7595611 Canada Corp
damages Tag Archives
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…
What is the threshold and who meets it?
The threshold is a somewhat controversial test used by courts to determine whether an accident victim should be allowed to recover money for pain and suffering.
Challenging jury bias in Ontario automobile injury trials
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?
It’s Time to Abolish the Pain and Suffering “Cap”
Back in 1978, the Supreme Court of Canada set an upper limit or “cap” on pain and suffering damages in Andrews v. Grand & Toy Alberta Ltd. J.A. Andrews was only 21 when he was rendered quadriplegic from a motor vehicle collision. The Court wrote that “It is difficult to conceive of a person of his age losing more than Andrews has lost.” He was ultimately awarded $100,000 …
Corbett et al v. Odorico, 2016 ONSC 1964 (CanLII)
Damages assessment, following jury verdict, in which the new statutory deductible was considered. Also provides commentary on threshold and Chronic Pain.
