News & Publications

Concussion, Brain & Spinal Injuries

Looking Both Ways: Contributory Negligence of Children in Personal Injury Cases

Written by and on February 23, 2017.

Unlike adults, children often do not have the maturity to know what to do when walking across or near roadways. Without adult supervision or an understanding of road safety, children may risk becoming involved in an accident and be found to share some responsibility. The Ontario Court of Appeal has recently released a decision, highlighting the discretion of judges with respect to the issue of contributory negligence of children.[1] Contributory negligence is generally a defence to a negligen...

Understanding How Damages Are Assessed In a Personal Injury Case (updated)

Written by on December 23, 2015.

Introduction One of the first questions people ask when they are considering their legal rights following a motor vehicle accident, slip and fall, or any other kind of injury, is “What is my case worth?” The fact is, it is difficult to assess damages in the early stages of a case. In most circumstances the true cost of an injury is unknown until you have had time to seek medical treatment, receive proper therapy and have had a chance for your body to rehabilitate, mend and get better.  ...

Concussions: No Longer Just “Getting Your Bell Rung”

Written by on April 28, 2014.

A concussion is a traumatic brain injury.  It will most likely occur from a direct or indirect blow to the head, face, jaw, or at the junction of the skull and neck.  Stated otherwise, a concussion is caused by either a direct blow to the head or to another body region resulting in an abrupt acceleration or deceleration of the head and neck.[1] Despite the safeguards that surround it, the skull, the supportive tissue, the membranes, and the fluid, the brain is essentially “floating” wit...

Court of Appeal confirms that civil damages for bodily harm intentionally inflicted cannot be discharged by bankruptcy.

Written by and on December 18, 2013.

Rasha El-Tawil and Michael Polvere argued a successful appeal before the Court of Appeal for Ontario in Dickerson v. 1610396 Ontario Inc. and Radcliffe, 2013 ONCA 653 (MacFarland, Watt and Epstein, JJ.A.), regarding the application of the Bankruptcy and Insolvency Act on damages suffered for personal injuries after an intentional tort.The decision of the Court of Appeal in Dickerson v. 1610396 Ontario Inc. and Radcliffe, 2013 ONCA 653 (MacFarland, Watt and Epstein, JJ.A.) (a complete copy of whi...