Personal Injury Category Archives

What is a litigation guardian? Who needs one? Should I be one?

Unfortunately, serious injuries can happen to anyone, including individuals who would legally be considered to be “parties under a disability”. A “party under a disability” is a person who does not have the legal capacity to instruct legal counsel.

WSIB Opt-Out – When It Applies

Persons who have been injured in the workplace are eligible to make a claim for compensation through the Workers Safety and Insurance Board (“WSIB”), provided their employer has coverage.

Slipping, Falling, Tripping…. Was I in a Car Accident?

It’s that time of year again. The landscape looks so pretty – marshmallow-covered roads, glistening sidewalks, diamond-crusted fir trees, right? The reality is quite different. As personal injury lawyers, at this time of year we are inundated with calls by injured people who have sustained fractures, sprains, concussions and other injuries due to weather-related incidents.

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.

E-Scooters: Road Hazard or Planet Saver?

Electric scooters are the most recent mode of transportation to enter our network of sidewalks and roadways. Much like bike rental companies, (e.g. Bike Share Toronto) and ride sharing companies (e.g. Uber and Lift), commuters are seeking out faster, cheaper and energy efficient modes of transportation.

Distracted driving

There are many forms of distracted driving that can come up in motor vehicle accident litigation. During the examination for discovery process there will be questions posed by lawyers on both sides about whose fault the accident was.