Case Law Category Archives

Parental Liability: When Can a Parent be Found Negligent for their Child’s Injuries?

When children get injured and bring a lawsuit, their parent can often be named as a defendant on the basis that the parent failed to properly supervise the child. The parent can be sued by the injured child directly, or named as a defendant in a counterclaim or third party claim…

Section 33 of the Schedule: When is the Production Request “Reasonably Required”

The “duty of an applicant to provide information” section of the Schedule (Section 33(1)1) is a highly effective tool utilized by insurance companies to both adjust their claims and to challenge an insured. An insured runs the risk of a suspension of their benefits if they fail to properly respond in a timely manner to a reasonable request for document

Liability Waivers: Can You Still Sue?

Many companies require their patrons to sign a liability waiver before they can partake in the proffered activity. By signing a liability waiver, you are agreeing to give up your right to sue should you be injured during the activity. If you are injured during the activity, there are certain circumstances in which the courts have found waivers unenforceable…

Sexual Abuse Damages In Ontario Not Subject To General Damages Cap

In the recent Ontario Superior Court decision of D.S. v. Quesnelle, Justice Smith made it abundantly clear that in Ontario, general damages caps do not apply in civil sexual abuse claims. This decision should be commended as the policy rationale for general damages caps in most other areas of personal injury are drastically different than in the context of sexual abuse cases.

How will my health records be used in a trial?

Doctor gesticulates over printed health records

Personal injury litigation begins with the collection and sharing of all your health records with the lawyers and parties involved in your action. This article will explain some of the ways your health records will be used by the lawyers at trial.

Stretching the Limitation Period in Ontario

stretching a limitation period requires more than a broken clock

A couple of recent cases from our Court of Appeal confirm that a limitation period can be stretched beyond the usual two years, but only if it would not be appropriate for a plaintiff to start the legal action earlier. In Ontario, the Limitation Act, 2002 governs the time limits for when a legal action needs to be filed. In most cases the usual rule is that a civil action must be filed within two years of when the event occurred. However, the two-year time frame will not start until the claim is “discovered”.