In today’s case (Warick v. Diwell) the Plaintiff was involved in an “extremely serious” collision in 2009 where an oncoming semi truck/trailer crossed into their lane. The Plaintiff’s husband and two friends were killed as a result of the impact. The Plaintiff suffered profound injuries and was left paraplegic.
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‘If I could go back and change it, I wouldn’t’: Cyclist hit by garbage truck works to help others
A woman who was struck and nearly killed by a garbage truck while riding her bike to work says “if I could go back and change it, I wouldn’t,” because of what she’s gained in life, including the ability to help others with a new support group for trauma survivors like herself.
The program she is spearheading is called My BEST, which stands for “beyond surviving to thriving.” It’s a peer support group at St. Michael’s Hospital, where Harvey was treated, for patients who have suffered traumatic injuries. Its first meeting will be on April 7.
Damages claim against provincial energy board a ‘dramatic jurisprudential development:’ Judge
A recent Supreme Court of Canada decision leaves “open the possibility that members of a quasi-judicial regulatory board could be sued for damages” by someone accusing that board of violating their constitutional rights, a constitutional law professor told Canadian Underwriter this week.
LAT is not the only option for CAT disputes after April 1, 2016
On April 1, 2016, the dispute resolution system for statutory accident benefits was overhauled. The new regulation removed the requirement for mediation and mandates that all disputes in relation to an insured person’s entitlement to accident benefits be handled by the LAT.
http://www.millerthomson.com/e
Got a question about the law? There’s a site for that . .
“It’s sort of like an FAQ (Frequently Asked Questions) of law,” says Paul Schabas, the treasurer of the Law Society of Upper Canada. “It’s a great resource, especially when you know you are getting answers from reputable institutions in the justice system.”
Kwok v. Abecassis and the Personal Insurance Company, 2016 ONSC 7391
Justice Healey set out the applicable test in Cowles v. Balac, (2006) CarswellOnt 6366, (Ont. C.A.) that the right to a trial by jury in a civil case is a substantive right and should not be interfered with without just cause or cogent reasons. She noted that the decision to strike the jury is discretionary and must not be exercised arbitrarily or capriciously. She also noted that complexity of the case is a proper consideration in determining when a jury notice is to be struck.
Toronto doctor’s sex abuse penalty ‘clearly unfit,’ court rules
A court has ordered a new penalty hearing at Ontario’s medical regulator for a Toronto physician who was suspended for six months for groping four female patients, calling Dr. Javad Peirovy’s punishment “clearly unfit.”
Only half of disabled Canadians are employed, poll finds
Two years ago, Statistics Canada released similar figures putting the employment rate for disabled Canadians at 49 per cent, compared with 79 per cent among the general population.
What to Expect When a Family Member Has Sustained a Traumatic Brain Injury
When a loved one sustains a traumatic brain injury, the entire family is immediately affected. During the acute period, there is often a fear of the unknown. Family members will rally around their loved one while they try to understand what has happened and what the future will hold. All family members will experience the disability in some way and eventually they must all learn to cope with the reality of living with someone who has suffered a brain injury.
http://oatleyvigmond.com/expec
10 ways to manage anger: tips for brain injury survivors
Damage to the brain can cause emotional and behavioural changes, so many survivors experience problems managing anger. This can lead to unpredictable, destructive and sometimes aggressive behaviour that can put a strain on your relationships, work life and everyday activities.