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The decision to let this doctor guilty of sex abuse keep practising ignores ‘changing social values,’ regulator argues
For the second time in the same case, Ontario’s medical regulator has had to go before a court to argue that its own discipline committee failed in meeting society’s expectations of penalties for doctors who sexually abuse their patients.
$100,000 Non-Pecuniary Assessment for Thoracic Outlet Syndrome
In today’s case (Sharma v. MacDonald) the Plaintiff was involved in a 2013 collision that the Defendant accepted fault for. The Plaintiff suffered a variety of injuries the most serious of which was thoracic outlet syndrome. The symptoms lingered to trial and were expected to cause some ongoing limitations. In assessing non-pecuniary damages at $100,000 Madam Justice Maisonville provided the following reasons:
http://www.ilstv.com/100000-no
HAROLD v. QUIGLEY et al, 2017 ONSC 6976 (CanLII)
[14] Section 4 of the Limitations Act, 2002 provides that, unless the Act provides otherwise, a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered.
[15] The principles of discoverability are set forth in section 5 as follows:
5(1) Discovery
A claim is discovered on the earlier of,
(a) the day on which the person with the claim first knew,
(i) that the injury, loss or damage had occurred,
(ii) that the injury, loss or damage was caused by or contributed to by an act or omission,
(iii) that the act or omission was that of the person against whom the claim is made, and
(iv) that, having regard to the nature of the injury, loss or damage, a proceeding would be an appropriate means to seek to remedy it; and
(b) the day on which a reasonable person with the abilities and in the circumstances of the person with the claim first ought to have known of the matters referred to in clause (a).
5(2) Presumption
A person with a claim shall be presumed to have known of the matters referred to in clause (1)(a) on the day the act or omission on which the claim is based took place, unless the contrary is proved.
[30] In my view the plaintiff has failed to discharge the onus on her show, by evidence, that discoverability delayed the commencement of the running of the limitation period. Her motion to amend the Statement of Claim to add the Crown and Carillion as defendants must therefore be dismissed.
[31] In light of my finding with respect to the effect of the limitation period it is not necessary for me to deal with the Crown’s alternative argument for denial of the motion in respect of it based upon plaintiff’s failure to give notice in writing of her claim within 10 days under s. 33(4) of the PTHIP.
Fair Benefits Fairly Delivered A Review of the Auto Insurance System in Ontario
This spring David Marshall released a comprehensive report on the state of the auto insurance industry in Ontario. It was done in response to pressure from consumers, and injured people to address the problems with our mandatory insurance scheme in Ontario.
The Shocking Truth About Car Insurance Deductibles
Insurance deductibles have been around for a long time but few are aware of the insurance deductible that may apply to their personal injury claims. Knowledge is power so I want to tell you about how it works.
http://teggartinjurylaw.com/sh
Personal injury lawyer with self-billed ‘golden touch’ facing misconduct allegations
An Ontario personal injury lawyer who bills himself as having a “golden touch” and says on his website that he has won millions of dollars for his clients is facing multiple allegations of professional misconduct.
An expert weighs in on the high insurance rates in Peel
A recent survey by the insurance company reveals among other things: Brampton has the sixth highest frequency of collision claims per 100 cars within the last two years.
Ontario was the only province to report an overall increase in its collision frequency rate – up 4.7 per cent over last year.
Picking up the pieces
http://pickinguppieces.net/articles/
Best Practices for Civil Trials
The practical solutions in Best Practices for Civil Trials can help make any civil trial more efficient and cost-effective. Its aim is to enhance access to justice and preserve the civil justice system.