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Monthly Archives: May 2009

Striking a Jury Notice is Not Easy > Principles Reviewed

Further to last week’s blog on this case, in a motion brought at Trial, the plaintiff sought to strike the jury in Laudon v. Roberts (2007 Ontario Superior Court) and have the Trial proceed with Judge alone.

The basis was that during cross-examination of the plaintiff’s Mother, defence counsel sought to introduce irrelevant information that the plaintiff had been accused of a robbery in British Columbia, in two separate questions.  This exchange took place in front of the Jury.  The alleged robbery had nothing to do with the case at hand, which was an action for personal injuries arising from a boating accident in Ontario. … Continue Reading

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SARS Lawsuits Struck > No Claim Allowed Against Province of Ontario

SARS (severe acute respiratory syndrome) was an issue in Toronto in 2003.  The disease was largely contained to hospital and health care workers and further information from the WHO (World Health Organization) is found here.

A number of lawsuits were brought as a result of SARS and recently, five cases were decided together by the Ontario Court of Appeal.  All five cases dealt found that the Province of Ontario could not be found to have a private law duty of care to any of the plaintiffs; each of the Statements of Claim were struck as against the Province of Ontario.… Continue Reading

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Hellenic Canadian Lawyers’ Association > Annual General Meeting

The Hellenic Canadian Lawyers’ Association (HCLA) is holding its Annual General Meeting (AGM) on May 28, 2009.

This year’s keynote speaker is Mr. Dimitris Azemopoulos, Consul General of Greece in Toronto.  We are honoured to have Mr. Azemopoulos join us and look forward to a productive event.

George Bougadis
Toronto Insurance Litigation Lawyer… Continue Reading

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5cm Crack in Roadway is Not Dangerous > Municipal Maintenance Standards Reviewed

In 2001, Ontario enacted the Municipal Act, 2001 and by Regulation introduced the Minimum Maintenance Standards for Municipal Highways.  The Minimum Maintenance Standards sets out responsibilities for municipalities regarding snow clearing, pothole maintenance, sidewalk maintenance and other issues.

When should a crack in the roadway be fixed?

Is a 5 cm wide crack (which is also 1 cm deep) dangerous?  What if that road had no sidewalks and no crosswalk available?  If the roadway was commonly used by university students to cross the street after classes ended?… Continue Reading

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Homeowner’s Insurance Protects You Outside Your Home > Insurer Must Defend $2.5M Lawsuit Arising from Fight

What happens if you get into a physical altercation with another person and then that person sues you as a result?

Will your homeowner’s insurance defend you in that lawsuit?

Will your homeowner’s insurance pay any damages awarded against you in that lawsuit?

In Graham v. Coakley (2008 Ontario Superior Court), a 40 year old martial arts instructor (Coakley) physically scuffled with a 19 year old male (Graham) at a shopping mall.  Coakley allegedly threw Graham through a door and then onto the ground, using a martial arts body throw in the process. … Continue Reading

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Facebook Defence Strikes Again – Lawsuit Claims Defeated

In personal injury lawsuits, the internet is being checked for personal information about plaintiffs in order to test allegations of impairment.  See our previous blog entry for a recent Ontario case involving a Facebook defence.

In the Newfoundland case of Terry v. Mullowney, (2009 Newfoundland Trial Division), the plaintiff was a 28 year old male mechanic, single, who suffered soft tissue injuries from two car accidents.  He complained of neck, shoulder and back pain, along with pain radiating into arms and legs.… Continue Reading