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Published on: 11 Dec 2020 By

Assessing medical malpractice damages – the “lost years”

This article on damages for “lost years” is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ between individuals. The assessment of …

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Published on: 3 Dec 2020 By

Assessing medical malpractice damages – past and future income loss

This article on past and future income loss is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ as between individuals. The assessme…

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Published on: 27 Nov 2020 By

Disputing the Minor Injury Guideline as a standalone issue

The Minor Injury Guideline (the “MIG”) establishes a framework for the treatment of alleged minor injuries in a statutory accident benefits claim. Available medical and rehabilitation benefits for predominantly minor injuries is limited to $3,500.00. However, in certain situations, an accide…

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Published on: 26 Nov 2020 By

Justice won’t wait – Ontario Court of Appeal finds against plaintiff who waited four years to bring a lawsuit

If you have been injured because of the actions of another, don’t sit and wait to see how things turn out. Our law limits the time you have to start a law suit. The Ontario Court of Appeal in Baig v. Mississauga, 2020 ONCA 697 recently reinforced what is now a well-established principle of l…

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Published on: 25 Nov 2020 By

How Canada and the U.S. prohibit pyramid schemes differently

The U.S. and Canada prohibit product-based pyramid marketing schemes in different ways. This short article is intended to give multi-level marketing businesses a better understanding of the important legal asymmetries between the two countries.   The Canadian Competition Act specifically def…

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Published on: 25 Nov 2020 By

How to trim eDiscovery costs part three: Leverage technology by adding tools and apps to your review

In my previous blog posts How to trim eDiscovery costs part one: Laying the groundwork, and How to trim eDiscovery costs part two: Review fewer documents and review efficiently, I discussed reducing eDiscovery costs by taking the time to set the stage before documents are exchanged, and by l…

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Published on: 24 Nov 2020 By

Excluded benefits – General exclusions under Ontario’s no-fault accident benefits regime

In Ontario, an individual injured as a result of a motor vehicle accident can claim from the automobile insurance company for various benefits under the Statutory Accident Benefits Schedule (the “SABS”). The purpose of the SABS is to allow an insured individual access to necessary treatment …

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Published on: 24 Nov 2020 By

No protection for employers under the Supporting Ontario’s Recovery Act

On Friday, November 20, 2020, the Ontario government enacted the Supporting Ontario’s Recovery Act, 2020 (the “Act”). As discussed by my colleague Anna Stoll in COVID-19 and limiting liability, the Act retroactively limits civil liability for the transmission and/or contraction of COVID-19 i…

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