In the summer of 2016, author Simek had the pleasure of joining a Pennsylvania Bar Association panel comprised of both testifying experts and judges to explore how to find and effectively use a good expert.
http://www.slaw.ca/2016/09/22/
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Finding and Effectively Using an Expert Witness
LSUC should settle contingency contract confusion
A recent court ruling over the wording in a contingency fee contract between a lawyer and a client highlights a common issue and one the Law Society of Upper Canada should seek to rectify, says Toronto litigator Michael Lesage.
http://www.advocatedaily.com/m
Threshold Motion and Chronic Pain: Arteaga v. Poirier, 2016 ONSC 3712
A recent case highlights the importance of having expert evidence a trials involving complaints of chronic pain. Justice DiTomaso concluded on the threshold motion that the Plaintiff, Ms. Eliana Arteaga, had sustained a permanent and serious impairment despite MRI reports showing no issues. Ms. Arteaga was injured as a result of a motor vehicle accident on March 15, 2011. She was rear-ended by a dump truck travelling at approximately 60 kilometres per hour while stopped in traffic northbound on Highway 50 and Queen Street in Brampton.
$150,000 Non-Pecuniary Damage Assessment in Polytrauma Injury Case
In today’s case (Chappell v. Loyie) the Plaintiff was injured when his motorcycle was struck by the Defendants vehicle in an intersection collision. He suffered numerous injuries, some of which resolved others which caused ongoing disability. In assessing non-pecuniary damages at $150,000 Madam Justice Fisher provided the following reasons:
Canadians rank politicians among least trusted professionals: poll
The Gandalf Group poll — conducted for the Ted Rogers School of Management’s Jim Pattison Ethical Leadership Education and Research Program — found just 13 per cent of respondents trusted politicians to behave ethically in fulfilling their duties.
Alcohol, drugs different, drug-impaired driving a growing concern: panel
Following Prime Minister Justin Trudeau’s promise to legalize recreational use of marijuana, State Farm released a survey this past May on what Canadians think of the move and how it may influence road safety issues.
Time to end the ICBC monopoly
B.C. has the most expensive publicly run car insurance rates in Canada — with average premiums now $1,550 annually, according to ICBC. And if the government approves ICBC’s request for a 4.9% hike, we will pay even more.
http://vancouver.24hrs.ca/2016
Life in the shadows of the concussion debate
A brain injury is hard to grasp second-hand. Even my closest friends don’t really get it. Everyone get headaches. Everyone gets tired. Lots of people forget where they parked the car. The difference is qualitative. I walk around constantly aware that my head isn’t right. It’s like jogging on a bum knee all day long, knowing the thing could blow at any second. But you can rest a bad knee by sitting down. A bad head follows you everywhere.
https://www.thestar.com/news/i
Supreme Court could decide whether denial of catastrophic impairment status triggers two-year limitation period in Ontario auto dispute system
Court records indicate that RBC General Insurance Company sent correspondence to Zofia Machaj denying her catastrophic impairment status. Initially the Ontario Superior Court of Justice dismissed Machaj’s action against RBC, for cat impairment status, because “a mediation proceeding had not been commenced ‘within two years after the insurer’s refusal to pay the benefits claimed,’” the Court of Appeal for Ontario wrote in a decision released April 8.