Author Archives: Admin4

Toronto Star Three-Part Series on Trial Delays

This week, the Toronto Star has published a fascinating three-part series calling “Justice in Turmoil” on the crisis of chronic delays in Canadian courts. The series discusses the fallout from the Supreme Court of Canada’s 2016 ruling, R v. Jordan, which set strict timelines to bring an accused person to trial.

http://micheladrien.blogspot.ca/2017/03/toronto-star-three-part-series-on-trial.html

Self-Represented Litigants: A Survival Guide by Carol Cochrane

Why do we all shudder on learning that our client’s adversary is self-represented on a litigation file? So often we fail to appreciate opposing counsel – until we hear those dreaded words from our client: “You know, the other side won’t be getting a lawyer.” It is only then that we realize and appreciate the benefit of there being opposing counsel on a file.

http://avoidaclaim.com/2017/self-represented-litigants-a-survival-guide-by-carol-cochrane/

Judgmental Judges

Judges exercise considerable power, and discharge a crucial public function. They identify, interpret and even create the rules that govern us. They decide what happened. And they determine the legal consequences of what happened.

http://www.slaw.ca/2017/03/22/judgmental-judges/

Long-Term Disability Series: Physical Injury and Its Effects on Mental Health

Life altering accidents can happen in an instant, but their effects can last months, years or a lifetime. Emergency medical treatment is focused on diagnosis and treatment of acute physical injuries, such as surgical intervention and pain management. The emergent physical needs, out of necessity, take precedent over psychological needs. However, as the accident victim makes her way through the recovery process, she may struggle psychologically to accept and adjust to the permanent impact her physical limitations will have on her life.

http://www.hshlawyers.com/blog/long-term-disability-series-physical-injury-effects-mental-health/

Canadian Community Health Survey, 2015

Perceived mental health is an important indicator of overall well-being and provides a general indication of the population suffering from some form of mental disorder, mental or emotional problems, or distress. In 2015, almost three-quarters (72.4%) of Canadians aged 12 or older reported that their mental health was excellent or very good. An additional 21.7% of Canadians reported their mental health was good, while 5.9% said that their mental health was fair or poor.

http://www.statcan.gc.ca/daily-quotidien/170322/dq170322a-eng.htm?HPA=1

B.C. Court awards Damages to Injured Pedestrian and finds Insurer and Agents guilty of Malicious Prosecution

The Insurance Corporation of British Columbia (ICBC) provides coverage up to $200,000 for anyone who is injured by an uninsured motorist on a B.C. road or highway. This B.C. government fund is similar to the Motor Vehicle Accident Claims Fund (MVACF), which is the ‘payer of last resort’ in Ontario when there is no other insurance available for injuries or property damage resulting from a motor vehicle accident that takes place in Ontario.  Like the ICBC, the maximum payout for damages due to injury by the MVACF is $200,000.  The MVACF and ICBC are also available to non-residents of the respective provinces.  

https://www.personalinjurylawyerservice.ca/blog/bc-court-awards-damages-to-injured-pedestrian-and-finds-insurer-and-agents-guilty-of-malicious-prosecution

Kapoor v Kuzmanovski, 2017 ONSC 1709 (CanLII)

 

Motion to Exclude Potential Jurors for Conflict of Interest/Challenge for Cause in Civil Jury Selection

[1]       The plaintiff has brought a motion for:

(a)         an Order excluding potential jurors who drive and pay for automobile insurance premiums or have automobile insurance premiums paid on their behalf from the jury pool in this action due to an inherent conflict of interst;

(b)         in the alternative, an Order removing all potential jurors who are ratepayers of automobile insurance premiums from the jury due to an inherent conflict of interest;

(c)         in the alternative, an Order permitting the Plaintiff to challenge potential jurors who pay for automobile insurance premiums or have automobile insurance premiums paid on their behalf for cause;

(d)         in the alternative, an Order permitting the Plaintiff to challenge potential jurors who pay for automobile insurance premiums for want of eligiblity; and

(e)         in the alternative, an Order striking the Jury Notices in this action.

Misleading Justice

https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec134subsec1

Poverty Reduction Strategy – share your story

We encourage you to share your story to help us better understand how we can address poverty in Canada. We are interested in your personal experiences, and information on any supports or programs that helped you, or where you experienced gaps in social supports.

Clients not impacted by law society cap on referral fees

Although the Law Society of Upper Canada recently announced plans to cap lawyer referral fees, this will have no impact on clients or the fees that they pay their counsel, Toronto personal injury lawyer Darryl Singer tells The Night Side on Newstalk 1010.