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The expert witness’s testimony is the one part of trial where the communication comes the closest to what was probably the jury’s earliest and most fundamental experience with learning: The expert is like the teacher, and the testimony is like school. But are witnesses good teachers? Some are, but others can be overly detailed, legalistic, combative, or simply unclear. Preparing your case means preparing on the facts and the law, but it should also mean preparing the instruction so it is as clear and as effective as possible. Here are Persuasive Litigator’s top ten posts so far on expert testimony.

http://www.persuasivelitigator.com/2016/10/expand-your-expert-witness-expertise-.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+PersuasiveLitigator+%28Persuasive+Litigator%29

Fredericton litigator Matthew Pearn says when faced with a witness who responds to a well thought-out question with “I don’t know” or “I don’t remember” — particularly when they should have known the answer or remembered the event — the natural reaction is to be upset with an apparent lack of honesty.

http://www.advocatedaily.com/matthew-pearn-dealing-with-an-adverse-or-challenging-witness.html

Given that general damage awards are capped in Canada, income loss claims can often make up a sizeable portion of damage awards. Income loss quantification is usually straightforward, particularly when a Plaintiff has had a settled line of work over an established period of time. If they are no longer able to continue working due to a personal injury, their past income loss can generally be calculated and quantified for the duration of time in question.

http://otlablog.com/justice-injured-workers-loss-competitive-advantage/

Filing five injury claims from a staged crash, falsely reporting the theft of tires from a truck, and an improperly insured, unsafe limo that went up in flames. These are some of the recent fraudulent and exaggerated claims handled by ICBC’s Special Investigation Unit (SIU).

http://www.ilstv.com/attempted-fraud-claims/

http://canlii.ca/t/gv6pd

3]               The plaintiff claimed more than $1.2 million in general and special damages as compensation for the injuries and losses that he says he sustained as a result of the motor vehicle accident.  The trial lasted 12 days.  The usual experts for both sides gave the usual testimony.  And the jury gave the usual verdict.  The jury awarded the plaintiff just $3,000 for general damages and nothing at all for past or future income loss, medical care, and housekeeping costs.

[9]               While jury trials in civil cases seem to exist in Ontario solely to keep damages awards low in the interest of insurance companies, rather than to facilitate injured parties being judged by their peers, the fact is that the jury system is still the law of the land. This jury has spoken and did so loud and clear.  If I find that the plaintiff has proven that he met the threshold, I would not only be making findings of law, but I necessarily would have to disagree with the findings of fact that are implicit in the jury’s decision.  Yet I told the jury an obnoxious number of times in my charge that they, and only they, were the judges of the facts of the case.  I told them that their community had called upon them to take 12 days out of their lives so that they could make findings that only they can make in an act of central importance to our democratic traditions.  How can I legitimately now consider whether I find facts that the jury rejected?

So queried Deputy Judge Prattas in the recent Small Claims Court decision Renwick v. Allstate Insurance Company of Canada. ³  The case dealt with the issue of whether the “diminished value” of an automobile following an accident is a proper cause of action for damages by an insured against his insurer.  The decision deals with the motion brought by the insurer, Allstate, to strike the claim and dismiss the action of the insured, Renwick, on the basis that it disclosed no reasonable cause of action.  The motion was dismissed.

http://www.mondaq.com/canada/x/536968/Insurance/Insureds+Claiming+Diminished+Value+Damages+under+Ontarios+OAP1+Auto+Policy+1

It’s not very often that judgments from the criminal court system impact personal injury and car accident cases.

It’s particularly rare when a criminal case which was decided in British Columbia, has such a far reaching effect that it impacts the way and timing in which personal injury cases are heard in Ontario.

http://www.torontoinjurylawyerblog.com/2016/10/r-v-jordan-effect-criminal-case-bc-impacted-car-accident-cases-across-ontario.html

It may sound harsh but the single biggest reason that personal injury cases don’t go well is when perception becomes reality. ‘What are you talking about?’, I can hear you saying.

http://derekwilsonlaw.ca/social-media-personal-injury-cases-go-together-like-oil-water/

(TORONTO, October 18, 2016) – The Financial Accountability Officer of Ontario, Stephen LeClair, is on an extended medical leave.

The Speaker and the House Leaders of the three political parties have earlier been advised of the situation.

http://www.fao-on.org/en/Blog/media/Medical_leave

The Toronto Lawyers Association (TLA) says a crisis in the justice system is looming because of an “unprecedented” number of judicial shortages and is urging Federal Minister of Justice Jody Wilson-Raybould to take “immediate action.”

http://www.advocatedaily.com/none-justice-system-verges-on-crisis-as-judicial-shortages-cause-delays-tla.html