Following settlement of your injury claim, there may be other parties entitled to part of your settlement: your Group Benefits Insurer/Extended Health Insurer, Ontario Disability Support Program, and the Ontario Health Insurance Plan (OHIP) to name a few.
Bill 103: Another Slap in the Face for Injured Victims
On March 8, 2017, Ontario MPP Mike Colle introduced Private Member’s Bill 103, An Act to amend the Law Society Act and the Solicitors Act with respect to matters related to personal injury claims and client agreements in legislature. Bill 103 set out a number of prohibitive measures including the capping contingency fee agreements at 15% of the award, banning referral fees in personal injury …
Was it something I said? Non-verbal cues in court
In the world of litigation, words matter. Written submissions, statements, admissions , and contradictions all shine a light on the ultimate goal—getting to the truth. However, one important and rarely-emphasized area of focus in litigation is non-verbal communication. Whether we are talking about juries, lawyers, litigants or judges, one common factor at play is the human condition to subconsciously send and receive non-verbal messages. Impressions and …
Protecting Our Elderly from Harm: Long-Term Vision Needed in Long-Term Care
Elizabeth Wettlaufer, a former registered nurse practicing in Ontario for over 21 years at several long-term care homes has been formally charged with first-degree murder in the deaths of 8 elderly residents. The alleged serial murders occurred between August 2007 and August 2014 through the suspected administering of an insulin overdose. Police have not ruled out other murder victims but investigations are ongoing. Seven of …
Justice for Injured Workers: Loss of Competitive Advantage Awards
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 …
The Uncertain Landscape of Autopilot Liability
As society progresses on its ambitious path towards “technological utopianism”, laws and regulations must keep up with the rapid pace of advancement. One issue of great interest is the shift towards self-driving cars. The Autopilot Technology When Tesla CEO Elon Musk introduced the release of Tesla’s autopilot system in October 2014, the news generated global buzz. The autopilot system introduced many new and innovative …