Archives

January 12, 2015 – In a decision that will be of interest to anyone involved with fatality claims, the New Brunswick Court of Appeal has ruled that the loss of the income that a deceased person could have earned had he or she survived is not recoverable by the deceased person’s estate. The recoverability of damages representing the income...

December 12, 2014 – Social media has become ubiquitous in our day-to-day lives. It is the communication medium for the younger generation. Advertisements declare that social media is the only way to “stay connected.” For litigators, social media is a very useful tool for defending bodily injury claims – some plaintiffs literally put their lives online. Social media can...

December 12, 2014 – The Ontario Superior Court recently sent a much-welcome message with respect to costs awards in its decision Hoang v. Vicentini. The action involved a six year old pedestrian who was struck by a car, just after being dropped off at a busy intersection by his father. The six year old was seriously injured. The Defendants...

November 14, 2014 – British Columbia Court of Appeal takes interventionist approach to standard of care finding in Agar v. Weber. The British Columbia Court of Appeal recently considered the interaction between the old common law of occupiers liability, the Occupiers Liability Act (“OLA”), and the common law of negligence in Agar v. Weber, 2014 BCCA 297.  The insufficiency...