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Published on: 29 May 2014 By ,

Providing Expert Opinion: be the best witness you can be

Providing expert evidence is an essential part of the legal system, Judges and Juries place significant weight on your opinion. This article outlines the legal duties of an expert and suggests some strategies for making the best presentation in court. Overview The purpose of a trial is to al…

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Published on: 28 Apr 2014 By

Concussions: No Longer Just “Getting Your Bell Rung”

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 a…

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Published on: 20 Jan 2014 By

Withdrawal of Life Support: What does the Cuthbertson and Rubenfeld v. Rasouli decision mean for patients and families?

The family of a patient requiring life support struggles with painful decisions over life and death. The difficulty of these decisions is intensified when the patient’s substitute decision-maker (usually a close family member) and attending physicians disagree as to whether life sustaining m…

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Published on: 18 Dec 2013 By ,

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

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…

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Published on: 10 Oct 2013 By

What are uninsured, unidentified and underinsured motorist claims?

I. Third-Party Liability Coverage: Who pays for damages if I am injured, but it is not my fault? In Ontario, if you are injured in a motor vehicle accident you may commence a lawsuit against an at-fault driver to compensate for your injuries and losses. Usually, the at-fault driver’s o…

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Published on: 1 Aug 2013 By

Understanding OHIP: What health care services are covered outside of Ontario?

OHIP covers many health care costs when you are in Ontario. But what about when you are abroad or if you want treatment that isn’t available in Ontario but is available elsewhere in Canada? Siskinds lawyer Maciek Piekosz looks at how OHIP covers you and outlines the steps involved in getting…

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Published on: 31 May 2013 By

Beyond Branco: A Comparison Of Recent Decisions On Insurers’ Bad Faith And Punitive Damages

The recent decision Branco v American Home Assurance Company received a lot of attention for the high damages awarded against an insurer for acting in bad faith. Branco was just one of a series of cases dealing with bad faith damages in Canada over the last year. In this article, Siskinds lo…

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