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April 19, 2022 – The presence of ice during the winter in New Brunswick is not unusual. Neither are slip and falls. Every year, business owners run the risk that an individual might slip and fall on their property, suffer an injury, and bring a legal action against them, as the owner of the property, for damages. These damages...
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April 19, 2022 – The argument often raised to justify certain decisions of a procedural nature is that the principle of proportionality set out by the legislator in the Code of Civil Procedure (“C.C.P.”) must be upheld. However, we should exercise caution and avoid relying solely on this principle, particularly when deciding whether to appoint a joint expert. At...
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April 19, 2022 – Earlier this year, the Court found in favour of a plaintiff advancing a personal injury claim against the winter maintenance contractor responsible for snow removal at the building where he lived. In December 2016, the plaintiff was walking to his parked car, on his way to work, when he slipped and fell on a slippery...
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The 5% Rule in Ontario – Applying the Bank Rate to Non-Pecuniary Damages in Personal Injury Actions?
March 24, 2022 – Canadians, for over a decade, and especially over the course of the recent pandemic, have experienced a low interest rate environment. While interest rates are in the news again, with a possibility of a slight rate movement upward, many litigants, from a Defendant’s perspective, hope the movement in the context of personal injury litigation is...