ONSC: In a threshold motion, the evidence of family members should never be ignored; a clean pre-accident health matters; the ability to work may be irrelevant on a threshold motion; and a court will want to help a likeable and credible plaintiff.
The Superior Court’s decision in Grossman v. Nissan is yet another example of a data breach involving the theft of personal information resulting in a class action.
The Court of Appeal has held that the trial judge should have taken into account changes in market interest rates when exercising his discretion to award prejudgment interest of 5%.Judgment varied to prejudgment interest at 1.3%.
Do plaintiffs have to sue in federal court for PIPEDA violations? Maybe not anymore!
The Court of Appeal has overturned a summary judgment decision in a coverage case, finding the judge reversed the burden of proof and failed to recognize that a trial is required in cases of potential fraud, where credibility is in issue.
As an accident benefits adjuster, what do you need to do to when a claimant approaches you about a new claim? What do you need to send them? When is an application “complete”? What is deflection? Can you say “go away”?
Strigberger Brown Armstrong LLP is pleased to announce the addition of Mikel Pearce (2000 Call) to its litigation practice effective October 15, 2019. With the addition of another senior lawyer to the firm, …
Privacy breaches often result in a multiplicity of class actions, across a multiplicity of jurisdictions in Canada, both at the national and the provincial level. How do courts decide which law firm(s) should be granted carriage of the claim?…
In February 2015, the plaintiff, a 66-year old contractor, fell from a ladder while working at premises leased by the defendant corporation, Crème. The fall resulted in him suffering catastrophic injures and requiring round-the-clock care at a care facility. Medical...
Disposing of evidence can be fatal to a subrogation claim. Not because of spoliation but because it may be impossible to prove liability without an expert assessment of the failed item….