Ontario’s Workplace Safety and Insurance legislation provides workers with benefits if they are injured during the course of their employment. In most cases, workers are entitled to benefits regardless of how they are hurt or who caused the injury. In exchange for entitlement to benefits, the Workplace Safety and Insurance Act (WSIA) limits the ability of workers to sue their employers.
The case of fertility doctor Norman Barwin has made headlines not just in Canada, but internationally as well. In a Statement of Claim our firm has filed, we have alleged that in the late 1980s he used his own sperm to impregnate at least two women during artificial fertility treatments at his fertility clinic, the Broadview Fertility Clinic.
No one wants to enter into a drawn-out and expensive court trial. There are times, however, when resolving a dispute in court is necessary. It’s a reality that litigation is costly and slow, and it has been recognized that there are many obstacles faced by Canadians who are attempting to enforce their legal rights in court. A series of decisions released over the last few years have emphasized the need for trial counsel to engage in a ‘culture shift’, in order to ensure ready and affordable access to justice for everybody.
One of the cornerstones of negligence law is the principle ‘joint and several liability’. With ‘several liability’, each defendant found liable is only responsible to pay his or her proportionate share of the damages. But with ‘joint and several liability’, a successful plaintiff can recover all of his or her damages from any of the defendants found liable regardless of the percentage of fault attributed to them. It is left to the defending parties to sort out between themselves who pays what.
Canadians’ love of Facebook has important implications for personal injury cases. Individuals who have been injured in a car accident, or who have any other type of personal injury claim, are encouraged to be cautious with respect to their use of social media.
As of April 1, 2016, the Licence Appeal Tribunal (‘LAT’) of the Safety, Licensing Appeals and Standards Tribunal Ontario (‘SLASTO’) will assume all new applications for dispute resolution services under the Statutory Accident Benefits Schedule (‘SABS’). The Financial Services Commission of Ontario (‘FSCO’) will no longer accept applications for mediation, neutral evaluation, and arbitration after March 31, 2016.
Under an automobile insurance policy in Ontario, people involved in car, motorcycle, ATV or snowmobile accidents are entitled to certain benefits under their own policy regardless of fault. One of those benefits is a non-earner benefit.
Sometimes an injured party sues the at-fault driver for damages and the insurer for that at-fault driver takes the position that only the $200,000 minimum limits are available to be paid towards the injured person’s damages. In those circumstances, the injured person will seek to recover additional damages against his/her own insurer under the OPCF44R Endorsement of his/her policy.
Do you know how many Canadians are affected by a traumatic brain injury? According to Brain Injury Canada, over one million Canadians live with an acquired brain injury. Also, every year, about 160,000 children, adolescents and adults sustain brain injuries as a result of a fall, a motor vehicle accident, an assault, or as a result of participating in sports and recreational activities. The month of June has been designated as “Brain Injury Awareness Month”.
This week the Ontario Neurotrauma Foundation released comprehensive Guidelines for Diagnosing and Managing Pediatric Concussions. The guidelines are intended to guide health care professionals in caring for children over five years of age and adolescents with head trauma, but they also provide a valuable resource and insight for parents and caregivers who are advocating for their child’s care. Schools and community sports organizations will also find these guidelines helpful, with specific recommendations provided for these groups.