Author Archives: Admin4

Affordable Alternatives To Hiring A Double-Dipping Lawyer

The way I see it, fair access to justice means equal opportunity for those in need to seek compensation for being injured or wronged — regardless of whether or not their lawyer wins the case.

Personal injury lawyers don’t get it — they think that capping contingency fees will hinder access to justice, when in reality, it will do just the opposite.

http://www.huffingtonpost.ca/michelle-francis/affordable-alternatives-to-hiring-a-double-dipping-lawyer_a_23038203/

Contingency fees should be simple and standard: Spurgeon

After making changes to referral fees and advertising, the Law Society of Upper Canada (LSUC) is turning its attention to contingency fees, says Hamilton personal injury lawyer Andrew Spurgeon.

http://www.advocatedaily.com/andrew-spurgeon-contingency-fees-should-be-simple-and-standard-spurgeon.html

Distracted driving needs to stop — now

What is it going to take to get motorists to put away their mobile devices while driving?

This is a question that police departments, government agencies, automotive associations (including the Trillium Automobile Dealers Association) and insurance companies have been grappling with for more than a decade.

https://www.thestar.com/autos/2017/07/22/distracted-driving-needs-to-stop-now.html

What you need to know about your legal rights

https://www.thomsonrogers.com/wp-content/uploads/2015/04/TR_Personal_Injury_Kit_r7_June2017_Web.pdf

Emotional Problems After Traumatic Brain Injury

Some people may experience emotions very quickly and intensely but with very little lasting effect. For example, they may get angry easily but get over it quickly. Or they may seem to be “on an emotional roller coaster” in which they are happy one moment, sad the next and then angry. This is called emotional lability.

http://www.msktc.org/tbi/factsheets/Emotional-Problems-After-Traumatic-Brain-Injury

Jeremy Diamond was slow to hand over documents to law society, tribunal told

Ontario’s legal regulator has been stymied for months in trying to investigate high-profile personal injury lawyer Jeremy Diamond, the Law Society Tribunal has been told.

https://www.thestar.com/news/canada/2017/07/24/jeremy-diamond-was-slow-to-hand-over-documents-to-law-society-tribunal-told.html

What is the threshold and who meets it?

The threshold is a test used by the court to determine whether an accident victim should be allowed to recover money for pain and suffering. The threshold is sometimes a controversial test because even in a jury trial, the test is decided by the judge after the verdict has been delivered.

http://otlablog.com/what-is-the-threshold-and-who-meets-it/

Judge’s ongoing duty to ensure expert witness objectivity

In Bruff-Murphy v Gunawardena(1) the Court of Appeal confirmed the ongoing gatekeeper function of trial judges in the context of expert testimony. A trial judge’s role does not end after the preliminary threshold stage, but continues throughout the proceeding to protect the justice system’s integrity. Inaction on the part of the trial judge can lead to unfairness in the proceeding, requiring a new trial. Trial judges are not powerless once an expert witness has begun testifying – rather, they have an ongoing duty to ensure that there is no acute risk to the trial’s fairness.

http://www.lexology.com/library/detail.aspx?g=566aa34e-f07b-4d71-b509-e34d1ec00c63

Big Win for Injured Claimants

The Supreme Court of Canada has found an injured claimant does not need to have a diagnosed psychological/psychiatric injury in order to recover for a mental injury sustained in an accident.

http://www.millerthomson.com/en/blog/mt-personal-injury-blog/big-win-for-injured-claimants/

City eyes crackdown on bogus parking permits

In the heart of Yorkville, it seems everyone driving a Jaguar, Mercedes or BMW has a disability.

That’s if you go by cars parked in the tony area.

On many of their dashboards are accessible parking permits — a high percentage unwarranted.

http://www.torontosun.com/2017/07/24/city-eyes-crackdown-on-bogus-parking-permits?token=9f1a034f18b71cca1d9a94d893fa3e7b