damages Tag Archives

What is the threshold and who meets it?

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?

It’s Time to Abolish the Pain and Suffering “Cap”

Pain and Suffering affects many victims, but we're failing them

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)

Hurt in a car? Thanks to the Ontario government, expect to lose tens of thousands from your lawsuit.

For years, accident victims have had their general damages claims automatically reduced by a deductible. How does this deductible work and what does it mean? Let’s consider two scenarios: Imagine for example that you slip and fall on a sidewalk, you break your arm and you decide to sue for pain and suffering damages.  Imagine further that your pain and suffering damages are assessed as …