Toronto Personal Injury Law Blog

Case Comment – Mercedes-Benz Financial v. Kovacevic (2009 Ontario Superior Court)

In civil matters (i.e. where someone sues you for a breach of a contract) you can, in special circumstances, be sent to jail for contempt.  If you fail to obey a Court order, then this behaviour could eventually lead to jail time.  See Rule 60.11(5) of Ontario’s Rules of Civil Procedure.

This case is an interesting read. … Continue Reading

The idea of merging Ontario’s PST (provincial sales tax – currently 8%) with Canada’s federal government GST (general sales tax – currently 5%) took one further step forward yesterday with speculation that this measure might be introduced as a part of tomorrow’s Ontario budget announcement.

A merger of the PST to the GST would likely affect legal fees – i.e. increase the cost of legal services to the Ontario consumer.

Currently, PST is not charged on Ontario legal fees.… Continue Reading

Case Comment – Carleton v. Beaverton Hotel (2009 Ontario Superior Court)

In real estate, the key to success is often described as “location, location, location”.  In personal injury lawsuits, having evidence to support your claims is fundamental in building your lawsuit.

So what happens if a plaintiff seeks damages for a large future income loss (i.e. alleging an inability to earn as much in the future because of the injuries suffered in the accident) but cannot provide evidence showing how and where he made his money before the accident? … Continue Reading

Absence of Maintenance Records to Prove Snow and Ice Removal > Defendant Still Successful in Lawsuit

Case Comment – Coulson v. Hamilton (City), (2008 Ontario Superior Court of Justice)

The 68 year old female plaintiff slipped in February, 2003 on what she said was black ice, suffering injury.  At Trial only liability was argued, as damages were agreed upon by the parties to be $105,000.  The action was started against the City of Hamilton and the property owner fronting the subject sidewalk; the action was dismissed against the City prior to the Trial and the Trial was against the property owner only.… Continue Reading

Remember that effective November 30, 2008, by Regulation to the Legislation Act, 2006 that you can use Ontario’s e-laws website to obtain an official copy of Ontario’s laws.

The government’s FAQ site is found here for further reference.

Gregory Chang
Toronto Insurance Litigation Lawyer… Continue Reading

Case Comment – Ramer Builders Supplies (Toronto) Ltd. v. Leva (2009 Ontario Superior Court of Justice)

Can your expert’s file, despite your claim of litigation privilege, be produced based on questions asked at Discovery?  The answer in Ramer Building Supplies was “yes”.  Mr. Justice Fragomeni ordered production of the plaintiff expert’s draft report and the expert’s meeting notes (made while meeting with the plaintiff).

It was ordered pursuant to Rule 31.06 of Ontario’s Rules of Civil Procedure.  It follows Aviaco International Leasing Inc.… Continue Reading