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Published on: 28 Apr 2021 By

Assessing medical malpractice damages – past and future expenses including health care costs

This article on past and future expenses including health care costs 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 …

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Published on: 23 Mar 2021 By

Vicarious liability of school boards for sexual assault by teachers

“Vicarious liability” is a legal concept which can cause employers to be held accountable for the negligent and, in some cases, intentional misconduct of their employees. The possibility of a finding of vicarious liability is intended to act as a deterrent to ensure employers put systems in …

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Published on: 2 Mar 2021 By

Change in the Occupiers’ Liability Act: Claims to recover damages from incidents related to snow or ice require 60-day written notice

The year 2020 brought many changes. This blog post discusses another change from 2020 that came to stay: the Ontario Occupiers’ Liability Act (“OLA”) now requires 60-day written notice for incidents involving snow or ice. On December 8, 2020, Bill 118 received Royal Assent and came into forc…

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Published on: 17 Feb 2021 By

Medical Malpractice Frequently Asked Questions

What is medical malpractice? Medical malpractice occurs when a patient suffers injury or harm as a result of the negligence of a health care professional. Negligence occurs when a health care professional falls below the standard of care expected of a reasonable practitioner of that professi…

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Published on: 28 Jan 2021 By

Assessing medical malpractice damages – Contingencies

This article on contingencies 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 damages is …

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Published on: 18 Jan 2021 By

Naturopathy, medical cannabis, and other ‘novel’ treatments are acceptable within the Ontario Statutory Accident Benefits Schedule

Being injured in a motor vehicle collision is already a challenge. Those who seek support from naturopaths, medical cannabis, or other ‘novel’ treatments to aid in their recovery may feel added stress as to whether the treatment they seek will be approved, and paid for, within the scheme of …

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Published on: 13 Jan 2021 By

Rental car companies are liable for the renter’s negligence, even where the renter used a fake name, paid cash, and let someone else crash the car

Mamo v. Morgan, 2020 ONSC 7829 Is a rental car company responsible for the harm its renter causes in a car accident with the rented car? Yes. What if the renter used a stolen identity to rent the car and paid in cash? Yes. What if the renter did all that and then let their...

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Published on: 12 Jan 2021 By

Fallen on someone else’s property and injured? You now have 60 days to let them know, if you might later need to sue.

On December 8, 2020, how people start lawsuits over falling on private property changed dramatically in Ontario.* In a nutshell, if you fall on someone else’s property and are injured, you have 60 days from the date you fell to write to that other person or business and tell them that you in…

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