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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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The “Gig Economy” And The Perils Of Being An “Independent Contractor”

Gig Economy

With the rise of the new gig economy, and companies that use a digital platform to link people to services, a growing class of "independent contractors" is emerging in Ontario's labour market. These positions boast of self-employed like advantages, chose your own hours, refuse jobs as you like, however the greater advantage is had by the platform. By identifying their workforce as "independent contractors" companies can avoid the legislative protections afforded by the Employment Standards Act. Calling someone an independent contractor is a way some companies try to get around all of those obligations. These obligations include deducting income tax, CPP and Employment...

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Big Changes Coming for Condo Living In The GTA

Condo Law Blog

With the current detached housing market crunch, it’s perhaps no surprise that according to data collected by City News there are currently over 3200 more condo projects either under review, being appealed or actively under construction. That’s an estimated 272,000 new units for the Toronto area. Life in downtown Toronto, Mississauga, or Hamilton will most likely mean living in a condominium for many urban residents.  Condominium legislation is developing at a rapid pace to keep up with the increasingly complex and unique legal issues faced by condo dwellers. In 2015, two major pieces of legislation were enacted, the Protecting Condominium Owners Act,...

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Is Your Car Insurance Company Violating Your Privacy Rights?

Auto Insurance Privacy Rights

If you are seriously injured in a car accident, there are two types of claims that can be made. One is the no fault claim from your own insurance company for accident benefits, and the other is a lawsuit or court claim, against the at fault driver. In Ontario, there are a number of very large insurance companies that sell car insurance, because of this sometimes your car insurance company may also be the same company that insures the person at fault for your injuries. Even though you can make two separate claims, it is the same insurance company behind the...

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What You Need To Know About the New Duty of Good Faith In Contracts

contracts

Contractual relationships often lead to lawsuits when parties to the contract disagree over their contractual obligations and rights.  Traditionally, courts have held parties to the strict written terms of their contract, even in cases where the terms seemed unfair.  In 2014, the Supreme Court of Canada released a ground-breaking decision that imposed a mutual obligation of good faith and honest performance on the parties to a contract.  This case has broad implications for businesses as they negotiate contracts with consumers, suppliers, and vendors, as lawsuits involving contract disputes will now be viewed by the courts in this context. Here’s what...

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Truth In Legal Advertising – Cutting Through The Confusion To Find A Good Lawyer

alt="Advertising sign - Need A Lawyer?"

In a world of increasing information and decreasing trust it is more important than ever to be critical when confronted with advertising in any industry - law is no different. Stricter government legislation and more stringent insurance industry policies, has made personal injury law practice an increasingly competitive market. As a result, many law firms use a variety of means to promote themselves to prospective clients. While there has been a lot of discussion in the media about legal advertising, and the Law Society has recently announced they will be introducing new advertising rules for lawyers, we thought a few useful tips...

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What You Need To Know About Personal Injury Retainers

Although most people have heard the “No Fee Unless We Win” mantra that is regularly promoted in personal injury advertising, the details of how personal injury retainers usually work, are not well known. These retainers, usually referred to as “contingency fee retainers”, govern the fee arrangement between clients and their lawyers who decide to take the case on at no upfront hourly fees, but who are instead compensated by taking a percentage of any successful damage award or settlement obtained in the case on the client’s behalf. There are important details that everyone should understand about personal injury retainers and how they...

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Kelly + Singh Win Precedent Court of Appeal Ruling Affirming Parties Obligations in Summary Judgment Proceedings

appellate advocacy

Many people believe that if they have a legal case, they are entitled to their “day in court” with a full trial and a chance to tell their story in front of a judge and/or a jury.  They may find out however that their case will be decided based on documents, and lawyers making arguments on a “summary judgment motion”.  The Supreme Court of Canada recently decided that to save time and expense, this process should be used more, and as lawyers we’re seeing more and more cases being dealt with in this way.  If a case or issue really...

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