Shawnoo v. Certas Direct: Attendant Care May be provided by Electronic Means
A recent decision of the Ontario Superior Court of Justice brings some clarity to the world of technology-enabled personal care.
Family Physicians Can Now Assess Patients for Fibromyalgia
Fibromyalgia is a disorder characterized by chronic widespread pain and a heightened painful response to pressure, among other symptoms. It is an unfortunate but common condition suffered by those in a motor vehicle accident or other personal injuries.
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BBQ, Fireworks and Campsite Safety
Preventing Burn Injuries
For many Canadians summer is an opportunity to bring out the BBQ or sit around a campfire and enjoy being outdoors. On other special evenings during the summer, friends and family may get together to watch or set off fireworks. These events are fun and meaningful, but they also present significant burn and scalding risks for everyone involved.
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Conflicting Medical Expert Assessments
Expert assessments by medical and health practitioners play an important role in personal injury law. However, it is not unusual for expert assessments to differ or conflict on certain points. In a recent case, the Ontario Superior Court addressed the issue of how to treat conflicting expert assessments.
Read MoreThe Importance of Waiting for a Clear Prognosis Before Settling Your Injury Claim
A settlement represents one possible resolution to a legal dispute. In personal injury law, a settlement involves the claimant accepting a final damages sum in compensation for their injuries. Settlements are “full and final”, meaning there cannot be any future requests for any more compensation relating to the same claim.
Read MoreCommercial Host Legal Responsibility
Under the Liquor Licence Act, it is illegal for a commercial host to serve any person who is, or appears to be intoxicated. All for-profit liquor establishments like bars, taverns, clubs, restaurants are commercial hosts under the definition. A legal responsibility is also owed by the commercial host to any person who is reasonably expected to be harmed by the intoxicated patron. This includes the patron themselves, as well as any third parties they could be in contact with.
Read MoreContributory Negligence
Every person has a legal duty to prevent unreasonable injury to themselves. [i] This becomes an issue in personal injury cases where it is shown that the injured party is themselves partially responsible. In such instances, courts apply the principle of contributory negligence to apportion damages between the parties – the injured party included – whom contributed to the injury. The effect of a finding of contributory negligence for the injured party would be to reduce the total compensation they would otherwise be entitled to, by that percentage.
Read MoreChanges to Statutory Accidents Benefits Regulation
A government amendment to the Statutory Accidents Benefits Schedule (SABS) came into effect on February 1, 2014. The amendment, titled as OR 347/13, made three amendments to the previous version of the regulations. The overall effect of the changes was to make it more difficult for injured plaintiffs to receive compensation in certain circumstances.
Read MoreCeiling on Pain and Suffering Damages
Among the many classes of damages injured persons can claim for, one is for any pain and suffering which may follow from an injury. Any person suing under this damage heading should be aware that a cap exists as to the maximum amount that a court may grant in their favour.
Read MoreHow a Personal Injury Lawyer Can Help With a Structured Settlement
Winning a settlement may not be the end of the personal injury claim. You will have to decide how you would like to receive your settlement. With smaller claims, it may be best to get the money in one lump sum payment. However, as the compensation amount increases, a lawyer may urge you to look at a structured settlement that will benefit you for years to come. How do you decide which payment is best for your case? Allow your personal injury lawyer to walk you through the process.
