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Latest News Articles

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For a complete list of recent articles, please go to our 'Media Articles' page under 'In the News'.
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Judge shortage forcing Ottawa courts to prioritize criminal trials over civil cases

Delays by the federal government in appointing judges are crippling the criminal justice system, Ottawa lawyers say, and causing a domino effect on civil cases across the country.

http://www.cbc.ca/news/canada/ottawa/federal-judge-shortage-puts-criminal-cases-at-risk-delays-civil-trials-1.3925304

Legal Aid Ontario’s funding shortages impact immigration, tenancy and disability law, too: Reasonable Doubt

My colleagues Brian Eberdt and James Stengel have recently written about Legal Aid Ontario’s critical role in criminal and family law, highlighting the gaps and challenges lawyers and clients face because of funding shortages. I will pick up on these themes today as I address Legal Aid’s role in refugee and immigration, tenancy, disability, employment, social assistance and consumer law matters.

https://nowtoronto.com/news/legal-aid-s-immigration-refugee-tenancy-disability-reasonable-doubt/

A look at the devastating toll of PTSD

According to the PTSD Association of Canada, the condition can develop after a traumatic event in which a person experiences extreme fear, helplessness, or horror. These events can include a sexual or physical assault, the unexpected death of a loved one, an accident, war, or natural disaster.

http://www.advocatedaily.com/none-a-look-at-the-devastating-toll-of-ptsd-1.html

The Gift of a Head Injury

A brain injury can be a precious gift. The existential crisis that more than likely occurs when you have an injured brain is a catalyst that can change your life positively forever.

http://www.brainline.org/content/2017/01/the-gift-of-a-head-injury.html

Hired gun in a lab coat: How medical experts help car insurers fight accident claims

In the years after being rear-ended in a car accident, Liese Bruff-McArthur saw a small army of medical professionals. Most agreed the crash had left her with chronic pain, depression, PTSD and other troubles, making a return to work untenable.

http://news.nationalpost.com/news/hired-gun-in-a-lab-coat-how-medical-experts-help-car-insurers-fight-accident-claims?__lsa=2a71-139d

Interest in Delayed CAT Benefits

The accident occurred on January 20, 2004. In July 2013, the insurer accepted that the insured had sustained a catastrophic impairment as a result of the accident and paid the principal amount owing for attendant care benefits from August 2005 and housekeeping and home maintenance benefits from January 2006 to date with interest from July 2013 to the date of payment.

https://www.oba.org/Sections/Insurance-Law/Articles/Articles-2016/December-2016/Interest-in-Delayed-CAT-Benefits?utm_source=LYR&utm_medium=EM&utm_campaign=Section+Insider&utm_content=Section-Insider-INS-December-2016+12%2F16%2F2016+3%3A56%3A10+PM#.WG89aP1EYVU.linkedin

The trouble with personal injury advertising

“A proliferation of personal injury ads in areas where they’ve never been before, including the back of TTC buses and even in public urinals, has left a negative impression among the general population,” says Marshall, principal of Kevin Marshall Personal Injury and Employment Law.

http://www.advocatedaily.com/kevin-marshall-the-trouble-with-personal-injury-advertising.html

Crazy Ontario Car Accident Case to kick off 2017: Bodenstein v. Penley

To kick off 2017 for car accident law cases in Ontario, we have one of those decisions that makes you go “hmmmmmm” and really scratch your head.

Ladies and gentlemen; I hereby introduce you to the Judge and Jury decision of Bodenstein v. Penley, 2017 ONSC 27. This case was just released at the start of 2017.

http://www.torontoinjurylawyerblog.com/2017/01/crazy-ontario-car-accident-case-kick-off-2017-bodenstein-v-penley.html

Courts should not use ‘second-hand lay evidence’ to support damage awards for psychological harm: IBC

The question of whether a court can award compensation for psychological injuries in the absence of a medical diagnosis will be considered this month when the Supreme Court of Canada hears an appeal arising from an auto collision near Vancouver.

http://www.canadianunderwriter.ca/insurance/courts-not-use-second-hand-lay-evidence-support-damage-awards-psychological-harm-ibc-1004106219/

Court dismisses claim against Aviva regarding wrong vehicle model

The Ontario Superior Court of Justice has dismissed a broker’s claim against an insurer that voided an auto insurance policy due to the wrong year and model of the vehicle being registered.

http://www.insurancebusiness.ca/ca/news/breaking-news/court-dismisses-claim-against-aviva-regarding-wrong-vehicle-model-219046.aspx