victims 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 …

OLG’s Duty of Care to Victims of Problem Gambler

Ace-King in hand at the poker table

The Court of Appeal of Ontario has recently determined that a claim brought against the Ontario Lottery and Gaming Corporation (OLG) should move forward after the victims of a gambling addict, who stole over $4 million dollars to feed her habit, sued the gaming authority. Shellee Spinks was a law clerk from Hamilton who stole the money from the appellants – the Paton Estate –among …

Terror victims find redress in Canadian Courts

The threat of terror is a global travesty that seems to respect no geographic boundaries. It is incumbent on Canada and other countries to work together to deter the sponsorship of terrorism and to obtain civil justice against those entities that support and enable its proliferation. What is the Justice For Victims of Terrorism Act? On March 13, 2012, the Canadian Government enacted the Justice For …