jury Tag Archives

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 …

The Jury Selection Process and Juror Responsibilities

The result of Jury Selection

The trial of former NFL star Aaron Hernandez was interrupted after a user of an online forum published details of the case. Certain responsibilities – such as juror discretion – are integral to the administration of justice. This post explores how juries are selected and expected to act.

Shaw v. Mkheyan, 2017 ONSC 851

This is a threshold motion in which the plaintiff had pre-existing osteoarthritis in his left knee. The plaintiff was successful in establishing the subject car accident caused his asymptomatic left knee to become symptomatic and thus his injuries met threshold.

Kwok v. Abecassis and the Personal Insurance Company, 2016 ONSC 7391

Ontario to Provide Counselling Compensation for Traumatized Jurors

Hands nervously held together on the lap

A jury summons is a civil responsibility, not a voluntary invitation, and can expose jurors to disturbing details of a case. To help jurors cope with traumatic experiences in Ontario courts, the province is launching a program that will provide counselling services to jurors.

Corbett v. Odorico, 2016 ONSC 2961

Superior Court Motion for costs of trial by successful plaintiff. The sought costs exceeded the award recovered at trial. The court decides that over-emphasis on proportionality may serve to under-compensate a litigant for costs legitimately incurred