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Monthly Archives: July 5, 2016

Municipalities Should Focus on Why over How Much

The Ontario legislature is considering ways to reduce municipal insurance premiums; unfortunately, it may be at the expense of your legal rights. Recently, Julia Munro, PC MPP for York Simcoe, stated that “medium-sized municipalities, similar to the town of East Gwillimbury . . . have seen an averag...

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Ontario Court Looks at Private Facebook Photograph Rules

Personal Injury lawyers may want to change their Examination for Discovery strategy based on the following new cases: Stewart v. Kempster, 2012 ONSC 7236 a...

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Humpty Dumpty’s Philosophy on Compensatory Damages

Victims get compensatory damages in order to return them back to the same position they were in before the injury. This basic Tort law concept is taught to law students – and it is wrong. Often, victims cannot “return” to their pre-injury condition. The Read More

Ontario Court of Appeals Gives Clarity to “Catastrophic Impairment”

The Ontario Court of Appeals recently clarified the meaning of “catastrophic impairment” under Ontario’s Insurance Act. In Pastore v. Aviva Canada Inc., Mrs. Anna Pastore was a pedestrian who suffered a lot of pain because a car hit her.  Mrs. Pastore applied for enhanced accident benefits due to...

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Ontario’s Superior Court Certifies Class Action Against Rail Companies

The Toronto Star reported that Via Rail’s derailed train victims can proceed with a class action lawsuit against Via Rail and CN Rail.  The victims claim that their train was derailed because it was going over 100 km/hr in a 25 km/hr zone.  As a result, the accident killed 3 engineers and injured 45...

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Law Society of Upper Canada Looks at Articling Reform

As a Canadian studying at an American law school, I envy my American classmates who can sit for the bar after graduation.  Generally, future Canadian attorneys have to complete a 10 month articling position – similar to an apprenticeship.  In the past, this 10 month apprenticeship helped graduates t...

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