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Published on: 4 Jan 2016 By

Pain and Suffering Damages and the Threshold in a Personal Injury Action

One of the areas which people often look to be compensated for after an injury is their “pain and suffering.” This is the unquantifiable hardship which one endures as a result of their injuries. Under the legislation which governs motor vehicle accidents in the Province of Ontario, in order …

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Published on: 31 Dec 2015 By

Expert Panel on Land Use Planning: mainstream climate change

Earlier this month, the Ministry of Municipal Affairs and Housing released Planning for Health, Prosperity, and Growth as part of its co-ordinated review of land use plans in Ontario. The report provided a total of 87 recommendations about building communities in the Greater Golden Horseshoe…

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Published on: 23 Dec 2015 By

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

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 ci…

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Published on: 16 Dec 2015 By

Scarlett v. Belair Insurance Co. : A 2015 Update on the MIG

In this 2015 appeal[1] by Mr. Scarlett to the Divisional Court, Director Delegate Evans’ decision was partially upheld. First, the Divisional Court clearly found that the injured person has the burden of proving that his or her injuries fall outside of the Minor Injuries Guideline (“MIG”). S…

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Published on: 11 Dec 2015 By

Zofran: A Drug Manufacturer’s Duty to Warn

The Class Actions team at Siskinds LLP recently commenced a new case against the pharmaceutical manufacturers of Zofran. The class action claim alleges that the drug manufacturers failed to warn that Zofran is unsafe for pregnant women. In Canada, drug manufacturers have a duty to warn of th…

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