Archives
or
-
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...
-
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... -
March 24, 2022 – There is no doubt that the COVID-19 pandemic has given rise to some of the most contentious legal issues of our time on a global scale. Justice Belobaba, for the Ontario Superior Court of Justice, began his determination regarding a class action carriage motion by stating, “[t]he impact of the Covid-19 pandemic on business operations...
-
March 24, 2022 – Does the insured’s duty to cooperate allow an insurer to access data stored on their cellphone? The Court of Quebec recently ruled on this issue in Murray v. Promutuel de l’Estuaire, société mutuelle d’assurance générale. André Murray (“Murray”) sued his insurer, Promutuel de l’Estuaire, Société mutuelle d’assurance Générale (“Promutuel”) after his vehicle was allegedly stolen....