For most, travelling south for a winter vacation away from the cold weather, work, and other responsibilities is a trip to paradise. But travelers should be aware that if an accident or a tragedy strikes, it may be difficult, if not impossible to seek proper compensation for the loss.
This is a threshold motion in which the plaintiff had pre-existing osteoarthritis in his left knee. The plaintiff was successful in establishing the subject car accident caused his asymptomatic left knee to become symptomatic and thus his injuries met threshold.
The jury awarded $150,000 for pain and suffering damages where the Plaintiff suffered from chronic pain and had returned to work. After the jury delivered its verdict, defence counsel brought a threshold motion which was dismissed by the court
The floor tiles are chipped. There is a crack in the drywall. The carpet is torn and unsecured. The bathtub leaks onto the floor. In residential premises, a tenant can trip, slip, or fall due to any of these conditions. If injured, can the tenant sue their landlord for negligence? And if so, what are the time limits for commencing such an action? Many Ontarians are familiar with …
Given a proper evidentiary record, a Court may draw reasonable inferences and grant summary judgment in favor of a party who is seeking to prove that, on the balance of probabilities, an event is unlikely to have occurred, so long as the party can show that it exercised due diligence and that a trial would not change anything in that regard or show different evidence.
Anyone reading the tragic story of Adam Bari out of Hamilton, Ontario this past week will undoubtedly feel overwhelming sympathy for his now dire situation and will at the same time experience incredible apprehension and fear at the thought of such a tragedy ever happening to either themselves or to a loved one. Due to recent changes to the auto insurance regulations brought forth by …
