Understanding How Damages Are Assessed In A Personal Injury Case
(Note: Since publication, this information has changed. Please see the updated version of the article for current information.) 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...
Continue reading the post titled Understanding How Damages Are Assessed In A Personal Injury CaseUnderstanding Legal Costs
When clients first become involved in a legal action, many are confused about how the civil legal system works and whether or not they could be subjected to paying the other partyβs costs.Β Every situation is different, but in Ontario it is the usual practice for the loser to pay the winnerβs costs. What are Costs?...
Continue reading the post titled Understanding Legal CostsEnforcing the Mandatory FSCO Mediation Timeline
On November 29, 2012, the Ontario Court of Appeal took a welcomed position by the personal injury bar concerning the statutory scheme for mandatory mediation under the Statutory Accident Benefits Schedule, O. Reg. 34/10 (βSABSβ). In Hurst v. Aviva Insurance Company, 2012 ONCA 837, the question that was resolved was a question of law regarding...
Continue reading the post titled Enforcing the Mandatory FSCO Mediation TimelineCapacity and Powers of Attorney
When we speak about βcapacityβ in the legal sense, we are considering whether a person can make a decision in a certain set of circumstances and understand the consequences of making, or not making, the decision. The decision maker does not necessarily need to make the βbestβ or the βrightβ decision, so long as they...
Continue reading the post titled Capacity and Powers of Attorney10 Tips for Individuals Injured in a Motor Vehicle Collision
A motor vehicle collision is a frightening and confusing time for those involved. Siskinds Personal Injury Partner Emily Foreman knows just how crucial the gathering of information can be when an accident has occurred, and has provided these 10 tips for anyone involved in an unfortunate accident. If you or a loved one suffer injuries...
Continue reading the post titled 10 Tips for Individuals Injured in a Motor Vehicle CollisionUnderstanding Corporations
In Canada, there are many forms of business structures, including corporations, partnerships and sole proprietorships. As businesses commence operations, or grow and evolve, owners and managers need to determine which structure is appropriate. For those who are considering starting a business, or changing the structure of an existing business, advice from a business lawyer and...
Continue reading the post titled Understanding CorporationsCy Pres Settlements (Or, How Charities Can Benefit From Class Actions)
In fall 2010, Siskinds was retained to bring a proposed class action against Toronto Hydro-Electric System Limited (Toronto Hydro) on allegations that the utility company illegally charged interest at a rate of 19.56% per year.Β By way of background: The Interest Act requires that where interest is βchargeable, payable or recoverableβ at a rate in excess...
Continue reading the post titled Cy Pres Settlements (Or, How Charities Can Benefit From Class Actions)Consumer Protection Class Actions β Obtaining recovery for unfair business practices where individual damages are small
In Ontario, class actions are a mechanism for groups of people to seek justice. In this article, Elizabeth deBoer looks at how the Consumer Protection Act plays a role in class actions and provides examples of situations where the public can use this legislation to access justice. The Ontario Consumer Protection Act, 2002 [1. Consumer...
Continue reading the post titled Consumer Protection Class Actions β Obtaining recovery for unfair business practices where individual damages are smallUpcoming Legislative changes will impact Ontario Not-For-Profit Corporations
In 2014 there will be significant changes to the legislation governing Ontarioβs not-for-profit corporations. The changes will affect requirements of directors and the by-laws. In this article Curtis discusses the timeline for those changes and recommends first steps for ensuring your not-for-profit is ready. In October 2010, the Ontario Not-for-Profit Corporations Act, 2010 (the βActβ)...
Continue reading the post titled Upcoming Legislative changes will impact Ontario Not-For-Profit CorporationsFor Federally-Regulated Employers, Providing Termination and Severance Pay May Limit Liability for βUnjust Dismissalβ Under the Canada Labour Code
Ending an employment relationship can be fraught with legal risk for employers. Ending an employment relationship can be fraught with legal risk for employers; this has been especially true for federally-regulated employers subject to the Canada Labour Code, R.S.C., 1985, c. L-2 (the βCodeβ), where a number of cases suggested that employees could only be...
Continue reading the post titled For Federally-Regulated Employers, Providing Termination and Severance Pay May Limit Liability for βUnjust Dismissalβ Under the Canada Labour CodeReceive Blog Posts
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