Injury Tag Archives

Justice for Injured Workers: Loss of Competitive Advantage Awards

Saw blade set in tree stump

Income Loss Claims Given that general damage awards are capped in Canada, income loss claims can often make up a sizeable portion of damage awards. Income loss quantification is usually straightforward, particularly when a Plaintiff has had a settled line of work over an established period of time. If they are no longer able to continue working due to a personal injury, their past income …

Total Disability: Not So Total After All!

Total Disability: Not So Total After All

Insurance companies often argue that if a person can do part-time work, then they are not “Totally Disabled”. Or, if a person can do some job tasks, then they are not “Totally Disabled”. This makes sense on its face, but these arguments are wrong in law! Courts and Arbitrators have found that “Total Disability” and “Complete Inability” are legal terms of art and, as such, they should not be interpreted literally.

Concussion Research Strengthens Case for Youth Sports Safety Legislation

Image of a football game with concussion brain scans superimposed

New research published in the Journal of Neurotrauma provides compelling evidence regarding the long-term effects of concussion on the brain. The results are relevant and informative to all who have suffered a traumatic brain injury; they highlight the importance of moving forward with legislative initiatives such as Rowan’s Law, which will further protect those who engage in sport.

Edwards v Camp Kennebec, 2016 ONSC 2501

In this settlement approval motion, plaintiff counsel’s fees were reduced from $793,500 to $225,000 because the contingency fee agreement was not compliant with the Solicitor’s Act