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Posts Categorized: personal injury

New SABS Changes > Chinese News Group

Our thanks to Chinese News Group and Nancy Jin for allowing us to participate in their October 22, 2010 article about the changes to Ontario’s SABS (Statutory Accident Benefits Schedule) in September 1, 2010.  The article is also here in PDF format.

As background, readers may wish to review our:

· blogs on changes to Ontario’s Accident Benefits systemParts 1,2, 3, 4, 5, 6, 7, 8 and 9;

· our blogs on Accident Benefits cases in general; and

· our FAQS regarding background information on Accident Benefitsand motor vehicle accidents.… Continue Reading

Graco Infant Strollers > 2 Million Units Recalled

Note the recent Graco recall of 2 million infant strollers for Graco Quattro Tour and MetroLite strollers, all made before 2007.… Continue Reading

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Jury Notice > When Can They Be Filed?

Further to our April 9, 2009 blog and our May 25, 2009 blog, the question of when you can file a Jury Notice is reviewed.

In the Ontario Rules of Civil Procedure, Rule 47 sets out that a Jury Notice is to be filed before the close of pleadings, which means that it is to be filed early in the litigation process.

In Ontario’s Courts of Justice Act, Section 108 sets out some conditions for allowing jury notices to be filed.… Continue Reading

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Videotaping Medical Experts (Examining You on Behalf of the Opposing Insurance Company) – Part 3

Further to our September 15, 2010 blog and our October 27, 2010 blog, we discuss the ongoing caselaw on the issue of audiotaping or videotaping a defence medical assessment arising in a personal injury lawsuit.

In Bakalenikov v. Semkiw (2010 Ontario Superior Court of Justice), the issue of videotaping or audiotaping a psychiatry defence medical assessment is discussed, with an extensive analysis of the caselaw and effect of Rule 53.03.

Master Short notes that the objectivity of the proposed defence psychiatrist is challenged in this motion. … Continue Reading

Videotaping the Medical Expert Who Is Examining You (on Behalf of the Opposing Insurance Company) – Part 2

If you are hurt in an Ontario car accident, you may decide to sue for damages arising from your injury and loss.

During your lawsuit, the insurance company defending your claim may wish to evaluate you by requiring you to attend for one or more medical assessments by medical doctors of their choosing.

Are you allowed to audiotape or videotape this medical assessment?  As background, readers may wish to review our September 15, 2010 blog.

A recent and important analysis of this issue is found in Adams v.Continue Reading

Multiple Medical Assessments in Your Car Accident Lawsuit > How Many is Too Much?

You are involved in a car accident in Ontario and then you start a tort lawsuit, suing for damages as a result of injury and loss that you have suffered.

Typically you are suing the other driver who you say caused the accident.

During the course of the lawsuit, the other driver’s insurance company (who is defending the lawsuit), wishes to evaluate your claims by having you assessed by medical doctors of their choosing.

Very often and responding to the claims that you are advancing, these are medical assessments by psychiatrists or psychologists, orthopaedic surgeons, physiatrists, neurologists, neuropsychologists and others.… Continue Reading