Roelf Swart

Roelf A.M. Swart is very pleased to have joined Elkin Injury Law as an associate lawyer in 2009. Roelf’s practice consists plaintiff personal injury law with a focus on tort, accident benefits and long term disability disputes. Roelf enjoys successfully assisting people with their cases and bringing their cases to a successful resolution.

Ontario to Provide Counselling Compensation for Traumatized Jurors

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.

OLG’s Duty of Care to Victims of Problem Gambler

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 …

Facebook Defamation Case Sets New Standard for Social Media Commentary

While social media has quickly become a popular and efficient way to keep in touch, it can be dangerous to forget the public nature of this technology. Facebook and Twitter users are often bolder behind a screen, making statements that they would never say in person. Defamatory statements can spread swiftly across and among social networks, exponentially increasing the likelihood of false information damaging the …

False Fraud Allegations Spur Punitive Damages in BC

The National Post reported recently on a judicial decision from British Columbia ordering the Insurance Corporation of British Columbia, ICBC, to pay an immigrant couple more than $350,000 in punitive damages after the corporation falsely accused them of insurance fraud. In the judgment, the prosecution brought against Danica Arsenovski was described by Justice Susan Griffith as “malicious,” and the actions of the ICBC “brought fear and …

Ongoing Legislated Non-Disclosure Following Hospital Mistakes

On March 4, 2015, the Government of Ontario announced the release of the Quality of Care Information Protection Act (QCIPA) Review Committee Recommendations. The Review was initiated by Minister of Health and Long-Term Care, the Honorable Eric Hoskins, and a committee was convened to review current practice of the interpretation and implementation of the Quality of Care Information Protection Act. Unless otherwise specified, QCIPA overrides …

French Alps crash leads to questions about mental health in the workplace

Photo: A French rescue worker inspects the remains of the Germanwings Airbus A320 at the site of the crash in the French Alps.  REUTERS/Gonzalo Fuentes On March 24, 2015, a young co-pilot for Lufthansa’s low cost-airline Germanwings intentionally crashed a passenger jet into the French Alps, killing himself and 149 others. It was quickly discovered that the co-pilot suffered from depression and had researched suicide. The information …