jury Tag Archives

Loye v. Bowers, 2020 ONSC 782

Loye v. Bowers is a ruling on costs by Justice J. R. H. Turnball in which the defendant was seeking costs from plaintiff’s counsel personally following the trial of a personal injury action.

McKnight v. Ontario (Transportation), 2019 ONCA 28

In this appeal of a personal injury action, the respondent plaintiff was awarded substantial damages as a result of a relatively minor motor vehicle accident that resulted in chronic pain, anxiety and depression.

What is the threshold and who meets it?

It’s Time to Abolish the Pain and Suffering “Cap”

Pain and Suffering affects many victims, but we're failing them

Back in 1978, the Supreme Court of Canada set an upper limit or “cap” on pain and suffering damages in Andrews v. Grand & Toy Alberta Ltd. J.A. Andrews was only 21 when he was rendered quadriplegic from a motor vehicle collision. The Court wrote that “It is difficult to conceive of a person of his age losing more than Andrews has lost.” He was ultimately awarded $100,000 …

The Jury Selection Process and Juror Responsibilities

The result of Jury Selection

The trial of former NFL star Aaron Hernandez was interrupted after a user of an online forum published details of the case. Certain responsibilities – such as juror discretion – are integral to the administration of justice. This post explores how juries are selected and expected to act.

Shaw v. Mkheyan, 2017 ONSC 851

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.