Effective July 1, 2021, the Law Society of Ontario implemented new requirements as part of its ongoing contingency fee reform. These requirements are intended to simplify and standardize the information that potential clients receive if they need to engage a lawyer or paralegal to assist them in a contingency fee matter…
Ahmed v. Aviva Insurance Company
In the recent case of Ahmed v. Aviva Insurance Company, Aviva Insurance Company proceeded with a motion to dismiss an application as abandoned, despite previous counsel’s death and the applicant’s personal barriers, and was found by Vice Chair Maedel to have acted in bad faith. In the result, the motion was dismissed and Aviva was ordered to pay costs to the applicant…
Witness Tips for a Virtual Trial
Giving evidence in Court can be intimidating and nerve-racking. Most people have never been into a Courtroom let alone been forced to answer questions in front of a Judge. With the move to virtual trials, witnesses face different challenges when they are told they need to testify in Court. Here are some tips for getting comfortable with the process and presenting your evidence as clearly as possible.
Taylor v. David, 2021 ONSC 3264
In this case, the Plaintiff had undergone a jaw surgery in 2004, and alleged that the surgery was performed negligently and without her consent. She commenced a personal injury action in relation to this procedure in February 2020. The Defendants brought a Motion for Summary Judgment seeking to dismiss the proceeding on the basis that it was not issued within the time periods as prescribed by the Limitations Act.
Availability of Insurance in Fatal Accident Compensation Involving Reckless and Impaired Drivers
While the lockdown has seen a significant reduction in accidents, there has been an increase in the number of serious and catastrophic accidents caused by excessive speeding (including stunt driving) and, at times, driving while impaired. Incidents of stunt driving have increased dramatically since the pandemic, with the OPP often reporting on social media young drivers clocking speeds of 150 to 250 km/h on highways and roadways…
Fratarcangeli v. North Blenheim
On June 15, 2021, the Divisional Court released its long-awaited decision on three appeals, which all related to whether the Licence Appeal Tribunal (LAT) has the jurisdiction to extend the two year limitation period for disputing accident benefits claims under the Statutory Accident Benefits Schedule. The LAT had been releasing inconsistent decisions as to whether it had this jurisdiction, and clarity was required from the appeal court…