Author Archives: Admin4

$50,000 Assessment for 6 Years of Back Pain

In today’s case (Harder v. Poettcker) the Plaintiff was involved in a 2009 collision.  The matter proceeded to jury trial where a jury found the Plaintiff 85% at fault for the crash with the Defendant shouldering the rest of the blame.

The Plaintiff suffered a back injury.  He suffered from pre-existing back problems and fibromyalgia.  The court found that while the Plaintiff’s symptoms lingered at the time of trial after the 6 year mark these symptoms were due to the pre-existing issues.

http://bc-injury-law.com/blog/50000-assessment-6-years-pain?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+IcbcLaw+%28ICBC+Law%29

Mayers v. Khan — Summary Judgment can be appropriate to determine liability even when key facts are in dispute

In Mayers v. Khan, 2017 ONSC 200, the Superior Court of Justice concluded that a motion for summary judgment can be appropriate in motor vehicle accident claims involving liability disputes even when there are disagreements as to key facts, particularly when the costs of a trial on damages and liability would be significant.

http://blg.com/en/News-And-Publications/Publication_4840

Ontario’s law society to cap referral fees, change ad rules

In a vote Thursday, benchers of the Law Society of Upper Canada decided on a yet-to-be-determined cap after considering a report from a working group that delved into the issue of advertising and referral fees — those a lawyer pays to another lawyer for sending along a client.

http://business.financialpost.com/legal-post/ontarios-law-society-to-cap-referral-fees-change-ad-rules

Time for LSUC to step up advertising enforcement: Rastin

The LSUC voted at its February Convocation to cap referral fees paid to lawyers and paralegals who pass on clients to fellow members of the bar. Benchers also adjusted the law societey’s rules to ban advertisements for second opinion services, and to tighten the guidelines for when awards can be used in marketing materials. In addition, lawyers and paralegals were reminded that they may not advertise for work they don’t intend to carry out.

http://www.advocatedaily.com/steve-rastin-time-for-lsuc-to-step-up-advertising-enforcement-rastin.html

How riding a bike (badly) may increase your clients’ auto insurance premiums

Cyclists who have been ticketed by Ontario police were in for a rude awakening when they later found out that their offenses translated into demerit points on their driving records.

http://www.insurancebusinessmag.com/ca/news/breaking-news/how-riding-a-bike-badly-may-increase-your-clients-auto-insurance-premiums-61132.aspx

Federal Transport Minister Marc Garneau asks provinces to stiffen penalties for distracted drivers

OTTAWA — The federal government wants some provinces to toughen laws aimed at distracted drivers, the National Post has learned, but is not yet ready to criminalize those caught texting or talking on smartphones.

http://www.vancouversun.com/news/national/federal+transport+minister+marc+garneau+asks+provinces/12990657/story.html

The Future of Access to Justice in Civil Disputes

Every lawyer probably got that phone call. Someone owes me a thousand dollars. Can you help me? Someone cut a branch on my tree without my permission. Can we sue them? Or the toughest question of all when random strangers call you for advice: do I have a case? No, you don’t. Well, wait: you’re frustrated because no responsible lawyer can answer this question on the spot, and you’re frustrated because you know that even if they have a case, they probably should not hire you because of your fees. It’s a simple cost/benefit analysis.

http://www.slaw.ca/2017/02/27/the-future-of-access-to-justice-in-civil-disputes/

Egan: Ontario stops winter hydro cutoffs, yet one man survives without power

Ontario has banned the drastic practice of cutting electricity service during the winter months and ordered some 900 dark customers be reconnected.

http://ottawacitizen.com/news/local-news/egan-ontario-stops-winter-hydro-cutoffs-yet-one-man-survives-without-power

Landlord pays high price for renter’s medical marijuana grow-op

Longtime landlord Darryl Spencer was left scrambling for insurance after discovering a tenant was growing dozens of medical marijuana plants inside and outside his rental house.

http://www.cbc.ca/news/canada/british-columbia/go-public-medical-marijuana-landlord-tenant-insurance-pulled-1.3985875

Concussion clinic guidance to focus on the right care, at the right time by the right provider

It should be straightforward. Someone who experiences a concussion regardless of the cause should have confidence that they will be able to able to access appropriate care by choosing or being referred to a clinic that says it specializes in “concussion care”. Unfortunately this is not the case.

http://onf.org/documents/neuromatters-newsletter/neuromatters-winter-2017/concussion-clinic-guidance-to-focus-on-the-right-care-at-the-right-time-by-the-right-provider