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Posts Categorized: motion

Disclosure of Your Statement Given to Your Insurer

If you are involved in a car accident, then your insurance company will likely obtain a statement from you as to how the accident occurred and also obtain other background information.

If the other car or people in the accident sue you as a result of that accident, will the material aspects or important points within your statement (to your own insurance company) be revealed in that lawsuit?

That is, the information you give to your insurance company (to defend you in the lawsuit) – will the person suing you learn about that information?… Continue Reading

You Sue After an Accident > Can Your Kids Be Examined About Your Claim?

You are hurt in a car accident and, in fairly typical fashion, your adult kids are named as Family Law Act plaintiffs in your lawsuit.  That is, your kids are making a (normally minor) claim indicating that they have also suffered loss arising from your accident, typically termed loss of care, guidance and companionship.

During the litigation and on the eve of Trial, your kids decide to abandon their claim for damages – because their claim overall may not be particularly significant for a host of reasons.… Continue Reading

The Driver You Sue Has No Insurance – Now What?

You were hurt in a car accident and sue the other driver.  What happens if the other driver has an insurance policy but, during the course of your lawsuit, the other driver’s insurance company denies coverage – i.e. refuses to defend or indemnify (protect) the other driver in the lawsuit?  What happens if other driver does not have assets – like a house or steady job?

This is not an uncommon situation.  Frequently, insurers have reason to deny their insured – see Section 5 of the Ontario Automobile Policy for a reference – which leads the insurer to add themselves as a statutory third party to the lawsuit.… Continue Reading

Lawsuit Against Ottawa School for Long-Term Bullying of Child

A recent news story covered by Ottawa media including the Ottawa Citizen on a new lawsuit arising from alleged long-term bullying of a 10 year old girl.

The lawsuit alleges that the school failed to stop bullying of the 10 year old girl despite repeated requests from the parent and alleged obvious signs of bullying.  The allegation is that the bullying appeared to last an entire school year.

One allegation includes, “(the 10 year old girl) was cornered in the washroom by the (bully), who threatened to kill Jaclyn and her parents if Jaclyn reported the incident.” … Continue Reading

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Hurt Before and Now Hurt Again in Accident – Can I Sue?

“I was hurt before in an accident and I was just hurt in a new accident.  Does my previous accident hurt my chances to sue for damages this time around?  Am I allowed to sue for my injuries in this new accident?”

A previous accident should not generally preclude you from suing for injuries in a subsequent accident.  If you suffered serious injuries in the subsequent accident, generally a lawsuit should be considered.

The existence of more than one accident affects the manner in which the lawsuit is argued as between the plaintiff and defendant.… Continue Reading

Faster Lawsuits – Summary Judgment Motion Changes

The rules governing the way civil lawsuits are conducted in Ontario have changed – see January 25, 2010 blog and March 11, 2009 blog.

For lawsuits which seek more than $25,000, one of the most significant changes is to the rule governing summary judgment motions.

A “summary judgment motion” is an early Court attendance where one party tries to end the lawsuit very early, before Trial, on the basis that the case is so strong in their favour that they can show that they should and almost certainly will succeed at Trial.… Continue Reading