This article aims to frame the discussion of general and aggravated damages merited in cases of sexual abuse or sexual battery (which for ease of reference will be referred to as “sexual violence lawsuits”). The undertone of sexual violence in the personal injury context augments the appropriate level of general damages in these cases. It is evident upon review of the jurisprudence, that claims for general damages in sexual violence lawsuits cannot be assessed in the same way as personal injury claims related to slip and falls or motor vehicle accidents. There is an added dimension to sexual violence lawsuits, which results in a particularly negative effect upon the plaintiff, and ought to be compensated accordingly…
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…
Construction Zone Accidents
In Canada, spring weather inevitably brings construction season along with it. Road construction dominates the streets in the warmer months. For drivers, this can cause complications beyond annoyance. Thousands of motor vehicle accidents each year occur in construction zones.
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…
Food Delivery Services: Car Insurance
With COVID-19 lock downs and “stay at home” orders, food delivery services have become increasingly popular and more people are offering to become drivers for these services. It is important to know that not all services are the same…
