Posts Tagged: personal injury
Dutton Car Accident Due to Poorly Kept Road: $950,000 Case Dismissed
On behalf of Bougadis Law Professional Corporation posted in court civil procedure, insurance law, motor vehicle accident, municipality, personal injury on
A good case for personal injury practitioners to review, as illustration of some of the complexities involved with claiming negligence (from a motor vehicle accident) against a municipality for failure to properly maintain their roads, including breaches of the Municipal Act, 2001 regulation, the Minimum Maintenance Standards for Municipal Highways: McLeod v. General Motors of Canada Limited et al., 2014 ONSC 134 (CanLII).
Justice Leach provides an extremely detailed and lengthy analysis of this action, in which a young adult female, alone in the car, drove off a quiet dirt and gravel road and suffered serious injuries as a result.… Continue Reading
Brampton Sidewalk Slip and Fall – Knee Surgery: Claim Dismissed
On behalf of Bougadis Law Professional Corporation posted in damages, evidence, Ontario, personal injury, slip and fall, summary judgment motion on
A 51 year old electrician recently had his personal injury lawsuit, against the City of Brampton, dismissed on a summary judgment motion that considered the new directions given by theHryniak decision by the Supreme Court of Canada. The issue was whether the plaintiff’s failure to give notice to Brampton, within 10 days of slip and fall, was fatal to his claim against the City. Due to lack of knowledge, this plaintiff did not give notice to the City of Brampton until approximately 18 months post-accident.… Continue Reading
Hurt Tobaggoning in Hamilton: $580,000 for Spinal Cord Injury
On behalf of Bougadis Law Professional Corporation posted in court civil procedure, municipality, personal injury, sports accident on
A family of four went tobaggoning on a reservoir property owned by the City of Hamilton, in an area where tobogganing was expressly prohibited (but this was not known by the family). After their two children went down the hill, the plaintiff father went down, hit a ridge and overturned, and badly injured himself, including a crushed L1 vertebrae, chronic pain and depression. The mother and father eventually ended their 19 year marriage alleging that the father’s changed personality after this accident was the main reason.… Continue Reading
Hurt Tobaggoning in Hamilton: $580,000 for Spinal Cord Injury
On behalf of Bougadis Law Professional Corporation posted in court civil procedure, municipality, personal injury, sports accident on
A family of four went tobaggoning on a reservoir property owned by the City of Hamilton, in an area where tobogganing was expressly prohibited (but this was not known by the family). After their two children went down the hill, the plaintiff father went down, hit a ridge and overturned, and badly injured himself, including a crushed L1 vertebrae, chronic pain and depression. The mother and father eventually ended their 19 year marriage alleging that the father’s changed personality after this accident was the main reason.… Continue Reading
Faster Lawsuits: Defence Tries to Force Plaintiff to Trial Within 3.5 Months of Starting Their Lawsuit
On behalf of Bougadis Law Professional Corporation posted in court civil procedure, insurance law, motion, motor vehicle accident, personal injury on
You won’t be given relief, unless you ask….
A pretty aggressive motion by the defendants, having apparently failed to slow down one set of plaintiffs (which was ordered to Trial by Judge Snowie) led to this motion to drastically speed up the lawsuits of two other sets of plaintiffs: Chen v. Ji, 2013 ONSC 7408 (CanLII).
All 3 sets of plaintiffs were involved in the same August 2011 motor vehicle accident in Ontario. The first set started their lawsuit early and were ready to go to Trial in Jan/2014.… Continue Reading
Ontario Security For Costs: Barrier for a Plaintiff’s Lawsuit
On behalf of Bougadis Law Professional Corporation posted in insurance law, jurisdiction, motion, Ontario, personal injury, security for costs on
Security for costs motions are yet another road block that personal injury plaintiffs can expect if they live outside of Canada while their tort lawsuit is active. The theory being that if you live outside the jurisdiction and the defendant successfully defeats your lawsuit, then you will be a difficult target for the defendant to ‘chase’ for payment of their legal costs for having to defend your lawsuit.
In the recent case of Kurtz v. Carquest Canada Ltd., 2013 ONSC 7683 (CanLII), this arose in the context of a wrongful dismissal lawsuit, where after the alleged dismissal, the employee moved from Canada to live in the United States.… Continue Reading
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