It’s that time of year again, when reminders about changing our clocks pop up everywhere as Canada springs forward into daylight saving time. Most people love that extra daylight in the evening, but it’s a change that comes with more than the catch of losing an hour of sleep Saturday night.
http://pickinguppieces.net/day
The B.C. government is looking at changes to the length of time it will take drivers to retrieve their ICBC discounts, as well as the driver-based model of insurance and the rules around free at-fault crashes.
https://globalnews.ca/news/406
A few years after Garth Helland’s mother, Gean, 80, was given the all-clear to stay on the road, she had three fender-benders in the same year. For her son, it was the last straw.
Once again, Garth, 57, insisted that his mom get tested by a geriatric specialist. This time, the specialist recommended that she undergo a test by a private company.
The sexual abuse of patients by doctors is a devastating breach of power and trust – a monstrous violation of physicians’ Hippocratic Oath to “first, do no harm.”
Last month, the disgraced USA Gymnastics doctor Larry Nassar was sentenced to up to 175 years in prison after more than 150 sexual-assault victims came forward.
Ken Weir claimed he had seriously injured his neck, back, shoulder and knee when he stepped into two open drains at work and twisted awkwardly. So how was he able to help his uncle carry a washing machine?
“Our civil justice system is premised upon the value that the process of adjudication must be fair and just. This cannot be compromised,” said the ruling. “However, undue process and protracted trials, with unnecessary expense and delay, can prevent the fair and just resolution of disputes. If the process is disproportionate to the nature of the dispute and the interests involved, then it will not achieve a fair and just result.”
http://www.lawtimesnews.com/au
An Ontario Court of Appeal justice has warned against “summary judgment at all costs” in her dissent of a ruling on the application of the doctrine of emergency in a personal injury case.
In Isaac Estate v. Matuszynska, a 2-1 decision upheld a ruling through summary judgment dismissing a claim brought by the estate and mother of a man, Glen Isaac, who died after hitting his head on a curb during an altercation in 2009.
http://www.lawtimesnews.com/au
Proportionality in the context of civil litigation reflects the notion that the time and expense devoted to a proceeding ought to be proportionate to what is at stake. It is a guiding principle that courts take into consideration when awarding costs to a successful litigant in conjunction with other factors such as the complexity of the issues in dispute and the financial strength of the parties involved. However, the principle of proportionality could serve to penalize plaintiffs with modest but legitimate personal injury claims, unless proper protection is afforded to them.
A recent Court of Appeal decision of Sanzone v. Schechter, 2016 ONCA 566 highlights this tension. A summary judgment in favour of the defendant dentists was overturned on the basis that, while the selfrepresented plaintiff’s failure to provide an expert report detailing her injuries was problematic, the represented defendants had not, in turn, put their best evidentiary foot forward. Specifically, an affidavit from defendants’ counsel outlining the procedural steps undertaken in the case and a further affidavit challenging the credentials of a dentist whose opinion was proffered by the plaintiff were considered insufficient to establish that there was no genuine issue for trial.
http://www.lawtimesnews.com/ar
Instead of getting a cheque for his truck that was written off after a crash, a Saskatchewan man says his insurer decided to repair the vehicle rather than replace it leaving him with a truck he believes is unsafe to drive.
http://www.cbc.ca/news/busines
I was in a car accident last year and I’ve since had medical issues, time off work and financial repercussions. I’m hoping to get a deferral on my taxes – but I’ll need the accident report. It’s been surprisingly difficult to get. I went to the OPP and they told me I’d need to file a Freedom of Information request. Isn’t this information supposed to be publicly available? – Chris, Toronto