Having the right to a trial by jury is a substantive right and applying to court to strike a jury notice is not an easy application. Cogent reasons must be presented to succeed in such an application. We review an Ontario Superior Court of Justice decision in which a Defendant applies to strike a jury […]
Read more "Striking a jury notice / “wait and see” approach – ONSC"As the weather warms, these are the type of cases we see more of which is quite unfortunate. It is very important for all drivers to be vigilant and cautious as more and more cyclists use our streets. Most impacts between a cyclist and vehicle do not end well for the cyclist, and injuries may […]
Read more "Liability trial: Cyclist v. Vehicle / Evidence"This was a successful appeal from a trial decision in which the trial judge’s standard was deemed too high in concluding that a “permanent serious impairment” had not been met. This article will provide a brief overview of the well-known Ontario Court of Appeal decision dealing with the issue of whether a “permanent serious impairment […]
Read more "High standard “permanent serious impairment” Appeal allowed"As the BC Government has introduced legislation that will impact motor vehicle accident claims by introducing a CAP on minor injuries, it is helpful to review the language in the legislation of other Provinces (specifically Ontario and Alberta) as it pertains to the definition of “serious impairment”. This article will review the law as it pertains […]
Read more "“Permanent Serious Impairment” / Ontario"When an emergency vehicle is involved in a collision with a civilian vehicle, sirens and lights activated, a liability argument will likely follow. These are difficult cases. You will often have a fact pattern of an emergency vehicle travelling with lights and sirens activated to an emergency call to assist another person in need, with […]
Read more "Liability Assessment between Emergency Vehicle / Civilian Vehicle"This is an important decision from the Court of Queen’s Bench of Alberta referenced as Jones v. Stepanenko, 2016 ABQB 295 (CanLII). The Plaintiff in this case was 19 years of age. She was involved in a serious collision when she was rear-ended by an SUV, causing 12,000 damage to the Defendant vehicle. The Plaintiff’s […]
Read more "“Minor Injury”, “Serious Impairment” and “Fibromyalgia” Learn More!"Agony of Collision This post will identify a number of cases that have plead the doctrine of agony of collision, including a few 2018 decisions. Let’s begin by asking the question: What is the agony of collision doctrine? A 2018 decision referenced as Owen v. Folster, 2018 BCSC 143 describes the doctrine of agony as […]
Read more "Agony of Collision Doctrine"Pre-existing conditions need to be analyzed carefully. The Plaintiff has the onus of proving his/her claim. When dealing with liability and fault, all the Plaintiff needs to prove is that on a balance of probabilities the defendants’ negligence caused or materially contributed to an injury. Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at paras. 13-17. This […]
Read more "Pre-existing anxiety, depression, PTSD and sleep disturbance"The Plaintiff in Fabian v. Song, 2018 BCSC 762 suffered mild to moderate soft tissue injuries including psychological injuries and was awarded $70,000 for non-pecuniary damages. The Plaintiff’s injuries impacted his employment as a full-time painter. However, the evidence also confirms that the year following the collision of Feb. 2013, the Plaintiff’s symptoms improved significantly. […]
Read more "Causation as it relates to psychological injury – $70,000 awarded"In Heuring v. Smith, 2018 BCSC 233 the Court assesses liability between a Plaintiff (cyclist) who failed to stop at a stop sign and the Defendant (vehicle), who did not clearly see the cyclist as a result of a “blind spot” a pillar in his vehicle. Both parties are to blame for this collision. The Plaintiff (Cyclist) was […]
Read more "Liability Split Apportioned 40% Plaintiff (Cyclist) and 60% The Defendant (Vehicle)"