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Civil Trial Delays
Not enough judges means long waits for a trial date.
Ontario Court denies Plaintiff’s Motion to Amend her Claim past Limitation Period
In December 2009, a woman sustained significant injuries to her shoulder and neck, when she was struck by a vehicle while crossing the street in front of a Kitchener hospital. Her lawyer hired an accident reconstruction expert who determined that the driver’s speed was a causal factor in the accident, and one year after the accident, the woman commenced a lawsuit against the driver of the car. The trial date was set for September 2015.
The Continuing Growth of SRL Jurisprudence: Two Encouraging Rays of Light
For a second ray of light, I turn to the recent decision of Justice David Price of in Watterson v Canada EMU, 2016 ONSC 6744. This is a careful review of the management of a small claims court trial in August 2014, where a SRL defended himself against a corporate entity with legal representation. The trial judge awarded the plaintiff almost $17,000 plus disbursements, interest and costs.
Study suggests a link between GDP and number of long-term disability claims
“We’ve long been aware of seasonal trends to LTD claims, but what we’ve now discovered is a link between the incidence of claims with the rise and fall of GDP,” said RBC Insurance vice-president, group & business markets John Carinci in a release detailing the findings of the research.
ODSP cases on the rise as link between poverty and mental health strengthens
Among the facts they’ve emphasized is a 65 per cent increase in the number of Ontarians on ODSP between 2003 and 2014, reaching a total of roughly 325,000. Only a small portion of that growth is due to population aging and the breakdown of physical health, according to the data. The largest factor — about 64 per cent of the total growth of ODSP claims over that time frame — is mental health disabilities such as depression and anxiety
The Human Rights of People with Brain Injuries
Fundamental and inalienable human rights are the rights to which all human beings, by virtue of their being human, are entitled. They include the right to be treated with dignity and respect. They include the right to life, liberty and the pursuit of happiness. They include the right to self determination. These fundamental, inalienable and natural rights cannot be taken away by government or others.
Cognitive Problems After Traumatic Brain Injury
After a TBI it is common for people to have problems with attention, concentration, speech and language, learning and memory, reasoning, planning and problem-solving.
Plaintiffs’ medical reports – disclosure obligations in Unifund Assurance Company v. Churchill, 2016 NLCA 73
In Unifund Assurance Company v Churchill,3 the Newfoundland and Labrador Court of Appeal considered the application of our rules of court and the common law as they relate to disclosure of documents produced in the context of litigation arising from a car accident.
http://www.lexology.com/librar