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Stein Monast, Quebec, 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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Kelly Santini LLP, Ontario, 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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Webinar recordings
Defending Psychological Claims – Webinar Recording
CBM LLP, Cox & Palmer, Northpoint Legal, Alberta, New Brunswick, April 08, 2022 – Psychological claims have been on the rise for many years. High-profile athletes withdrawing from competition, greater awareness of the symptoms and long-term impact of concussions and PTSD, and the increased focus on mental health in the workplace during the pandemic have increased the likeliness of a further rise in claims in the years to come.... -
Articles
The 5% Rule in Ontario – Applying the Bank Rate to Non-Pecuniary Damages in Personal Injury Actions?
Blaney McMurtry LLP, Ontario, 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...