Author Archives: Admin4
Mork v Sanghera, 2016 ONSC 5108 (CanLII)
[1] The defendants seek an order that the plaintiff, Saokeng Mork, “attend at a defence medical assessment with Dr. Hugh Cameron, Orthopaedic Surgeon and Chronic Pain Specialist”. There are available appointment dates on August 17, 19 and 26, 2016.
Authorities
[8] The Court can order a defence medical by one or more health practitioners pursuant to section 105(2) of the Courts of Justice Act, where the physical or mental condition of a party to a proceeding is in question. Rule 33.02(2) of the Rules of Civil Procedure states that the court may order a second examination or further examinations on such terms respecting costs and other matters as are just.
[9] The parties agree that the leading case in this area is Bonello v. Taylor, 2010 ONSC 5723 (CanLII),[2010] O.J. No. 4432, at para.16. The factors for the court to consider are:
Some lawyers are clearly overcharging their clients for the amount of work they actually do
Litigation lawyers deserve to be fairly compensated but how much is too much?
Three recent cases dealing with lawyers’ fees illustrate a pressing need for Law Society study and intervention.
Plaintiffs with chronic pain, depression encounter challenges in court
In the case, the 27-year-old female plaintiff suffered several injuries — including a knee contusion, post-traumatic insomnia, post-traumatic headaches and chronic pain disorder — after a six-car pile-up in 2010. A psychologist also diagnosed her with major depressive disorder and post-traumatic stress disorder. Her work and school pursuits were “heavily impaired” as a result of the accident, the decision says.
Your Texts Are Not Private, Ontario Court Rules
The texts you think you’re sending in private can be used against you in court, according to a potentially precedent-setting new ruling from the Ontario Court of Appeal, which critics believe will have implications on privacy throughout the province.
http://www.vice.com/en_ca/read
Neuroscience Reveals The Easy Ritual That Will Make You Happy
The answer is that interpersonal touch is a crucial form of social glue. It can bind partners into lasting couples. It reinforces bonds between parents and their children and between siblings. It connects people in the community and in the workplace, fostering emotions of gratitude, sympathy, and trust.
Man wins $46 million lawsuit against Nissan dealership
In 2013, Solorio was hit by a Nissan parts delivery truck, resulting in the loss of his left leg above the knee. According to Insurance Journal, Solorio was standing behind a parked truck when he was struck. The collision was enough to put him through the driver’s windshield.
http://www.lowestrates.ca/news
Insurer Cherry Picks what surveillance to disclose in a car accident case
It’s common for insurers in Ontario (and all across Canada for that matter), to retain private investigators to conduct surveillance on injured accident victims. The investigators are paid by the insurer to follow as discretely as possible the Plaintiff and try to catch them in the act of doing something that runs contrary to their case.
Online evidence only a snapshot in personal injury dispute
As Pearn, an insurance lawyer with Foster & Company, says in the article, most often, investigators are looking for lifestyle evidence that shows plaintiffs engaging in activities they claim they can no longer perform.
ICBC’s “Two Hats” Derails Litigation Privilege Claim
The Plaintiff, in the context of the injury lawsuit, sought production of the surveillance and the investigator’s report but ICBC refused to produce this arguing it was privileged being created for the dominant purpose of use in the (at the time contemplated) injury lawsuit. Mr. Justice Voith disagreed finding the report was likely created for dual purposes including investigating the Plaintiff’s claim for disability benefits.