A controversial pesticide banned in Canada has been discovered in products sold by a federally licensed medical marijuana producer, The Globe and Mail has learned, but neither the company nor Health Canada have informed the public.
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Jan 3 8:00PM Dissecting Ontario’s Patients First Act
The Agenda welcomes Ontario’s Minister of Health and Long-Term Care, Eric Hoskins, to discuss Bill 41 – The Patients First Act – and how it will transform the delivery of local healthcare throughout Ontario. Then, experts weigh in on whether the new legislation puts patients first.
Cadieux v Saywell, 2016 ONSC 7604 (CanLII)
[1] Following a seven-week motor vehicle personal injury trial, the jury returned a verdict in the plaintiffs’ favour in the total sum of $2,309,413.
[2] The plaintiff Chad Cadieux suffered a fractured skull, brain damage and orthopaedic injuries when run over by a truck in September of 2006. He and the defendant Eric Saywell were pedestrians, engaged in a confrontation on or near the shoulder of the road when Mr. Saywell pushed Mr. Cadieux in the direction of the road and Mr. Cadieux stumbled onto the road and was hit by an oncoming truck.
[3] The jury apportioned liability for the accident as follows: 1/3 against the plaintiff Mr. Cadieux by way of contributory negligence, 1/3 to the defendant Mr. Saywell, and 1/3 to the driver of the truck (with whom the plaintiff had settled three years before trial).
[4] This motion is brought to determine the necessary adjustments to the jury award in order to permit the Court to enter judgment for the plaintiffs in the correct amount, and to determine costs in accordance with Rule 57 and Rule 49 (settlement offers) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. It will be necessary to consider the following issues:
(1) Reduction of the jury award for statutory deductions;
(2) Application of pre-judgment interest;
(3) Reduction of the jury award for collateral benefits (specifically, statutory accident benefits) received;
(4) Management fee; and
(5) Costs of the action, including consideration of Rule 49 offers
Insurance Law 2016: The Year in Review and a Look Ahead
The authors of MT Insurance Law Blog strive to provide our readers insight into changes and emerging trends in Canadian insurance litigation. As this year comes to an end, it is a good time to look back at 2016 and recall significant developments and how they will affect insurance claims in 2017 and beyond.
http://www.lexology.com/librar
The Legal Conundrum for Seriously Injured Auto Accident Victims
This incident is not a rarity in the attempt by insurers to pay claimants as little as possible or nothing at all. Unfortunately, this is not the only problem accident victims face when they undertake the claims process for accident benefits. Another obstacle for motor vehicle accident (MVA) victims is good legal representation, a must if seriously injured claimants are ever to be paid by their auto insurer.
An eye for an eye for car accident law in Ontario?
Here’s the scenario: you or a loved one was hit by a negligent driver. The driver was texting on their cell phone at the time of the collision. The driver was charged and convicted of distracted driving and careless driving under the Highway Traffic Act.
http://www.advocatedaily.com/b
Penalties for Drivers in Fatal Pedestrian Accidents – Is Ontario Car-Biased?
The Toronto Star recently ran an excellent piece on the relatively small price that drivers who fatally injury pedestrians pay for their actions. David Rider’s article, Ontario drivers in deadly collisions often punished with small fine, describes the grief and anger that victims’ families feel when they discover what woefully small penalties the driver who killed their loved one will face.
Hey driver, check your privilege. Pedestrians have rights, too
Any unnecessary, violent death should always be deeply disturbing. But one category of death gets far less attention than it deserves – to the point where it has been largely normalized as the acceptable by-product of our busy, mobile society.
Malicious Accusations of Lies Against a Lawyer More Than Opinion
The much anticipated appeal in Awan v. Levant was released today by the Ontario Court of Appeal. The Superior Court of Justice decision, now largely upheld on appeal, was important because it deals with defamation against a lawyer, but also provided salient points for understanding the nuance of online defamation in the modern era.
Long Term Disability Insurance Feedback: From the Blog Mailbag
Last week’s Toronto Injury Lawyer Blog Post was entitled “Long Term Disability Claim Delay = No Pay (Ontario). If you didn’t check out that blog entry, you can do so here.