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Cost Implications in Failing to Make a Reasonable Offer to Settle

In assessing costs, in Ontario, there have been two recent decisions where the Court has awarded costs on the basis that the defendants failed to make reasonable offers to settle.   In Lawless v Joanovits, 2024 ONSC 1561, Justice Edwards of the Ontario Superior Court of Justice awarded costs exceeding the general damages in a…

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Collision to Courtroom: The Significance of Russell v Russell in Personal Injury Litigation

In Russell v Russell, 2024 ABKB 182, Ms. Russell was injured in a single vehicle collision and sought $200,000.00 in general damages for pain and suffering. On December 24, 2015, Ms. Russell was riding in a truck, seated on the single bench seat between her mother and stepfather. Her stepfather, Mr. Chiefmoon, lost control of…

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