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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: 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: 3 Nov 2020 By

Assessing medical malpractice damages—non-pecuniary general damages

This article on non-pecuniary general damages 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 assess…

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Published on: 22 Oct 2020 By

Assessing medical malpractice—an introduction

For many people, when considering a medical negligence (also known as a medical malpractice) action, the amount of the potential damages (financial compensation) is not the paramount concern. Often persons who have suffered harm at the hands of a health care professional want to ensure that …

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Published on: 17 Sep 2020 By

Court finds against insurer who held insured to an “absurd” standard

Lamb v Cooperators, 2020 ONSC 4955 You’ve been struck by a car. You have pain in part of your body. You’re not yet entirely sure where. Then, yes, okay it’s your arm. Your arm hurts. But where exactly. It’s more your shoulder. How bad is the pain though? You think you might have hit your...

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