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Author: Michael Kelly & Sabrina Singh

Kelly + Singh Lawyers LLP > Articles posted by Michael Kelly & Sabrina Singh

Marijuana Legalization – Good or Bad For Accident Victims?

Marijuana Legalization in Ontario and Personal Injury

This Blog was written with contributions from Kirsten O’Brien, Patient Services Educator at Medical Marijuana Consulting. The forthcoming legalization of marijuana in the summer of 2018 will have wide ranging implications for the law in several areas, including personal injury law.  In this blog we consider marijuana legalization and its potential impact on roadway safety and personal injury victims. A major cause of motor vehicle accidents and serious injury is impaired driving. The legalization of marijuana will create new challenges for the government and police authorities. They will have to work quickly to ensure provisions are in place to identify and prevent...

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Auto Insurance Industry Reaps Profits As Accident Victims Pay The Price Of Reforms

Insurers Reap Profits while Accident Victims Pay

Starting in 1990, successive Ontario governments under pressure to reduce the rising costs of automobile insurance engaged in a long history of changing and amending the way that victims of car accidents would be compensated for their losses and obtain treatment on a timely basis.  The emphasis now was on “no-fault” or “accident benefits where the injured person’s own insurer would cover much of the treatment and economic losses suffered.  The right to sue negligent motorists still existed (“tort”), but in a very limited form. (Check out our blog on Five common myths About Making a Claim After a Car...

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Five Things To Know About Proving Chronic Pain In Personal Injury Cases

Chronic Pain

1) Chronic Pain Is A Long Term Pain Disorder That Can Arise After A Car Accident Or Personal Injury In many cases involving personal injury – whether it be a motor vehicle accident, a work accident or an insurance claim – the diagnosis of chronic pain syndrome or fibromyalgia may come up.  Generally, we are talking about an individual who suffers significant and disabling pain, yet the test reports (MRIs, CT scans etc.) don’t reveal a cause for the pain. While chronic pain syndrome typically refers to a localized pain in particular areas of the body, such as one’s neck, back or...

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Recent Court Ruling Is A Beacon Of Light In Foggy Legislation On Lawyers Fees

Court Decision Beacon For Lawyers Fees Disputes

When a lawyers fees are unpaid, or a client refuses to pay the account or disputes the fees owing, there are usually two potential avenues of recourse for either the client or the lawyer. Any party can either move to have the lawyers fees “assessed” by a court official called an Assessment Officer, or to pursue a lawsuit regarding the lawyers fees. There has been much confusion even among the courts about what the proper course of action is in such a situation. The confusion lies in the archaic provisions of the Solicitor’s Act, an Act which has frustrated judges and...

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How “Justice For All” Has Become Tribunals For Most

Justice For All Is Becoming Tribunal For Most

Most of us believe that justice means - if we are involved in some sort of legal dispute that we are entitled to our “day in court”.  Historically, a trial by a jury of one’s peers has been a cornerstone of justice within the democratic tradition in common law countries such as Canada, the United States and Britain. Over the past several decades, however, the right to one’s day in court has been continually eroded resulting in a serious access to justice issue. Lack of adequate government funding has led to backlogs and delays creating significant frustration for litigants and giving...

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Under Construction: Major Reforms Coming To Construction Lien Act

Under Construction: Major Reforms To Construction Lien Act

The Ontario government has tabled Bill 142, which if passed will result in fundamental changes to the Construction Lien Act (the Act) and will have a significant impact on payment and dispute resolution practices within the construction industry. The most significant of the proposed amendments to the Act is the introduction of a mandatory prompt payment regime. Prompt payment regimes have been in place for decades in some other jurisdictions including the U.K., and there have long since been calls for Canada and Ontario to adopt a similar model. The impetus in adopting a prompt payment regime within this unique sector is to...

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Do You Have To Take Any Job To Curb Your Losses From A Wrongful Dismissal? No Says Ontario’s Top Court

Wrongful Dismissal Employment Law Blog

Ontario's top court has recently affirmed that an employee is not required to take a substantially inferior position in order to mitigate damages for wrongful dismissal. In this case the Plaintiff was a manager working for a particular McDonalds franchise for 13 years, she obtained a 7 year credit for service as a result of having worked a number of years previously for another McDonalds franchise. After several years of exceptional employment reviews, in 2011 after receiving her first negative performance review she was offered a demotion to assistant manager. Although the rate of pay was the same the demotion meant a...

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Supreme Court of Canada Weighs In On Proving A Mental Injury

Mental Injury Saadati v. Moorhead

Just this week the Supreme Court of Canada released a landmark decision on the issue of mental harm and mental injury caused by negligence.   The Honourable Supreme Court Justice Brown, for a unanimous court, delivered the decision. The appeal arose from a motor vehicle accident claim in British Columbia. At trial the Plaintiff was awarded damages for mental injury based exclusively on the testimony of lay witnesses. In other words, no medical professional was called to support the Plaintiff’s claim for damages arising from mental injury.   The British Columbia Court of Appeal reversed the ruling, holding that in order to recover damages...

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Chronic Stress From Workplace Bullying Now Recognised By The WSIB

WSIB Workplace Bullying

1)  Bullying Is No Joke - It Can Have Serious Detrimental Health Effects It has become clear from the flood of media reports in recent times that harassment and bullying is not just a grade school problem, but something that can infect workplaces everywhere.  This kind of conduct can inflict serious mental stress and psychological problems upon victims of workplace abuse. 2) WSIB Could Not Be Claimed For Chronic Mental Stress Caused By Workplace Bullying - In Fact The WSIB Specifically Excluded It For years Ontario’s workplace compensation would not allow such individuals to make claims for compensation, even though it was a...

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Car Insurance System Failing According To Former Head Of WSIB

Car Insurance

Recently, the Ontario government quietly released a report called "Fair Benefits Fairly Delivered: A Review of the Auto Insurance System in Ontario". It’s the latest inquiry into Ontario’s car insurance regime.  As lawyers practicing personal injury law for many years, we’ve become intimately familiar with the complicated mess successive governments have created in their pursuit of balancing compensation for those who are injured, with keeping premiums affordable in a mandatory car insurance system. Some of the statistics in the report, authored by the former CEO of the Workplace Safety and Insurance Board (WSIB), Mr. David Marshall, are staggering. Ontario insurance companies...

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