Toronto Personal Injury Law Blog

Fascinating case for personal injury lawyers practicing in Ontario – can a defendant force a bone scan on your client as part of their defence medical?

In the case of, Young v. Comay, 2013 ONSC 7552 (CanLII) brought before Judge Broad, the defendant’s medical expert suggested both a bone scan and MRI to assist with the evaluation of the plaintiff’s shoulder injury complaints, specifically to determine whether there were internal structural issues with the shoulder joint.

Although the plaintiff solicitor denied this relief, the only evidence offered in reply appears to be the family doctor indicating that a MRI of the shoulder would be a the best course and a bone scan was unnecessary.… Continue Reading

In this case Young v. Comay, 2013 ONSC 7552 (CanLII) the plaintiff testified at Discovery that she did have an ongoing Facebook account, prior to the accident, and that family photos and possibly other photos were posted therein.

Broad, J. ordered disclosure as follows:

[22] I would therefore order that the plaintiff serve a Supplementary Affidavit of Documents disclosing all photographs of herself, in her possession, power or control which are relevant to any matter in issue, including photographs depicting her engaged in physical, recreational, housekeeping, home maintenance or work-related activities for two years prior to the accident and during any period following the accident in respect of which she is claiming damages on the bases set forth in the Statement of Claim.… Continue Reading

The Issue: the defendant burns your cheek by pushing her lit cigarette into your face, then pleads guilty to the criminal charge. Can that defendant later argue, in your civil lawsuit for damages against her, that her actions were only an ‘accident’ and not deliberate?

As often happens, most people simply couldn’t dream up and write a fiction story as outrageous as some cases which run through our court system.

In the recent case of Bonadeo v Woods, 2013 ONSC 7559 (CanLII), two woman at a party got into a physical altercation on New Year’s Eve.… Continue Reading

George A. Bougadis of Bougadis, Chang LLP Barristers, recently argued and was successfully granted Leave to Appeal to the Divisional Court of the Ontario Superior Court of Justice by Justice Di Tomaso in: Stamatopoulos v. Harris, 2013 ONSC 7844 (CanLII). Justice Di Tomaso also applied and adopted the recent reserve Supreme Court of Canada Judgment (re: PerringerAgreements) in Sable Offshore Energy Inc. v. Ameron International Corp., 2013 SCC 37 (CanLII)that was available to Justice Brown during her deliberations and reserve Judgment, but which is not mentioned in her decision denying our client’s appeal of the Order of Master Dash requiring our client to disclose our client’s partially redacted $2.4M Mary Carter Agreement to the non-subscribing Defendant prior to Trial.… Continue Reading

A good analysis of the term “dependant” in the context of Ontario’s Accident Benefits (“AB”) regime: Security National Insurance Co. v. The Wawanesa Mutual Insurance Co., 2013 ONSC 7589 (CanLII)

This is a priority dispute arising from a pedestrian knockdown by a car.  The injured 81 year old grandfather, a citizen of Bangladesh, was on an extended visitor’s visa to Canada to stay with his son and help babysit grandchildren. The grandfather was retired and wealthy back home but in Canada, prohibited from working as per his visa terms, was he ‘dependant’ on his son and daughter-in-law?… Continue Reading

If you are hurt in a slip and fall (ie on snow or ice), then your lawyer will have to try to sue not only the owner of the property but the maintenance company which was contracted to clean / care for the land – i.e. the snow clearing contractor.

As the injured plaintiff, you can do a property search on the owner of the land where you fell, but finding the contractor, if any exists, means you either rely on the landowner’s insurer advising you or you, through your familiarity with the property, know the contractor’s name yourself.… Continue Reading