Posts Categorized: court civil procedure
Designating a Person as a Party Under Disability in Ontario
On behalf of Bougadis Law Professional Corporation posted in court civil procedure, motion on
An interesting illustration of the type of process that is to be undertaking in order to have a party litigant, in a civil litigation lawsuit, designated as a ‘party under disability’ against their will: York Condominium Corporation No. 301 v. James, 2014 ONSC 908.
This case involves a condominium corporation seeking certain relief against the defendant, who occupies a unit in the condo. Allegations include that the defendant is unfit to care for herself (i.e. sleeping in stairwell) and may be a danger to herself and others (i.e.… Continue Reading
Caledonia Trip and Fall: Fractured Shoulder and Rotator Cuff Tear > $107,000
On behalf of Bougadis Law Professional Corporation posted in court civil procedure, damages, municipality, personal injury, slip and fall on
The Issue: What are some of the problems you face when suing a city / municipality for a slip / trip and fall accident (i.e. uneven sidewalk)?
In Ontario, a trip and fall on a city sidewalk can be a difficult liability situation, so that often only quite serious injuries, resulting in significant loss and damage, are brought to Trial. Here, a married mother of two, employed as a hairdresser, suffered a serious shoulder fracture and rotator cuff tear as a result of stubbing / catching her toe on the lip of a concrete sidewalk slab that was sticking up higher than the adjoining slab: Grayling v.… Continue Reading
Homeowner’s vs Car Insurer > Subrogation Re: Ontario Car Accident
On behalf of Bougadis Law Professional Corporation posted in court civil procedure, insurance law, personal injury on
The Issue: With homeowner’s insurance, if you suffer property damage due to the negligence / fault of someone or their actions, then your homeowner’s insurance has the contractual right, in your insurance policy, to seek recovery of the monies they pay to fix your house from the negligent party; this is called subrogation.
What if your homeowner’s insurance forgets and fails to start a lawsuit, seeking reimbursement of their monies paid to fix your house, within the 2 year limitation period?… Continue Reading
Homeowner’s vs Car Insurer > Subrogation Re: Ontario Car Accident
On behalf of Bougadis Law Professional Corporation posted in court civil procedure, insurance law, personal injury on
The Issue: With homeowner’s insurance, if you suffer property damage due to the negligence / fault of someone or their actions, then your homeowner’s insurance has the contractual right, in your insurance policy, to seek recovery of the monies they pay to fix your house from the negligent party; this is called subrogation.
What if your homeowner’s insurance forgets and fails to start a lawsuit, seeking reimbursement of their monies paid to fix your house, within the 2 year limitation period?… Continue Reading
Defence Medical Assessments from Rear-End Car Accident: How Many Do You Have to Attend?
On behalf of Bougadis Law Professional Corporation posted in court civil procedure, damages, motion, personal injury on
The Issue: One question many car accident victims have when they start a lawsuit is how many medical examinations they will have to submit to during the course of their lawsuit. The Rules of Civil Procedure allow for one medical assessment, with the defendant(s) having then to seek the plaintiff’s consent or a Court order for any further assessments. In reality, the Court will generally allow the defendant to match a plaintiff in terms of expert medical reports.
When can the defendant’s insurance company force you to undergo further defence medical examinations, when you’ve already been examined by their chosen psychiatrist and physiatrist?… Continue Reading
Faster Lawsuits > Practice Reminder: Tickler System for Service of Statement of Claim
On behalf of Bougadis Law Professional Corporation posted in court civil procedure, motion on
A busy litigation practice involves juggling priorities and managing the deadlines which naturally occur in each lawsuit.
One requirement, designed to move lawsuits forward, is to serve the defendants formally with your Statement of Claim within six months of issuance.
If you fail to and do not obtain consent from the defendant, then you have to bring a motion seeking a Court order extending the time for service of the Statement of Claim past six months, as happened in: Bernardo v.… Continue Reading
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