The Ontario Court of Appeal held that a solicitor’s negligence claim based on improvident settlement in a personal injury action was not discoverable until new counsel advised the plaintiff of it after obtaining an expert medical-legal opinion.
Rikin Morzaria
For over a decade, Rikin Morzaria has dedicated his practice to representing those who have suffered serious or catastrophic personal injuries and families who have lost a loved one in wrongful death cases. His areas of practice include traumatic brain injuries, spinal cord injuries, cycling injuries, fatal accidents, medical malpractice, nursing home negligence, and disability insurance claims.
Rikin received his Bachelor of Business Administration (BBA) with Distinction from the Schulich School of Business at York University. He completed his law degree at the University of Toronto, where he also received the top prize in Trial Advocacy and the top prize in Public International Law.
Rikin has written and published more than twenty journal articles and chapters in leading textbooks in the field of civil litigation and personal injury law. He is regularly invited to give lectures to other lawyers and to health professionals about litigation and personal injury law.
Rikin believes passionately in the need for safe streets and commutes by bicycle to work every day. When not working, Rikin spends his time with his wife and two children.
Abu-Hmaid v. Napar, 2016 ONSC 2894
This Master’s decision holds that a plaintiff must disclose the existence, but not particulars, of adverse costs protection at examination for discovery.
Daggitt v. Campbell, 2016 ONSC 2742
This decision opens the door, albeit in obiter, to precluding experts with prior judicial findings of bias from conducting defence medical examinations and giving evidence at trial.
MacDonald v. Duncan, 2015 ONSC 7135
A marginal expansion of the upper limit of damages for loss of care, guidance, and companionship for the loss of an adult sibling.
Mazzucco et al. v. Herer et al, 2015 ONSC 7083
Judge holds that, in some circumstances, LTD benefits are deductible from past and future income loss in a medical malpractice claim.
Duncan v Taylor, 2015 ONSC 7186
In this MVA summary judgment motion, the court found that the plaintiff’s conviction of “failure to yield” under the Highway Traffic Act did not resolve the issues of liability in the civil action.