Confusion continues about causation test in medical malpractice cases
“But for” language is behind much of the confusion surrounding the causation analysis in medical malpractice cases, particularly those involving delayed diagnosis allegations, says a veteran practitioner. “‘But for’ is meant to encapsulate an event that causes or contributes to the harm,” says Paul Harte of Harte Law in Richmond Hill, Ontario. “But juries get […]
Court analyzes exceptional circumstances for awarding premium costs on contingency fees
Connolly and Connolly Obagi LLP, a recent decision from the Ontario Superior Court of Justice, eases some of the uncertainty surrounding what amounts to “exceptional circumstances” that entitle plaintiffs’ counsel to add costs recovered to their contingency fees in non-medical malpractice cases. “Connolly is a significant case in clarifying this whole area of the law,” […]
The Art of the Case: A Tale of Two Equities
Even with a bedrock of legal principle at stake, Ecuadorean villagers’ battle with Chevron had equities at its heart “I looked at the stuff and said yes.” That is Alan Lenczner’s succinct summary of the advice he gave to a group of Ecuadorean plaintiffs who consulted his firm, Lenczner Slaght Royce Griffin Smith LLP, about […]
Structured settlements: Hopes and dreams or real and certain?
Personal injury lawyers should examine the feasibility of structured settlements (a settlement paid out as an annuity, not all in one lump sum) more closely in today’s low interest environment, a veteran plaintiff’s counsel maintains. “The bar has become extremely comfortable with structures, partly because there’s no real incentive for lawyers to dig deeper,” says […]
In Callidus Capital, SCC looks at litigation funding
With the Supreme Court of Canada’s decision to hear the appeal in 9354-9186 Québec inc., et al. v. Callidus Capital Corporation 2018 QCCA 632, litigation funding will for the first time be front and centre at the high court. And because it arises in the context of a Companies’ Creditors Arrangement Act proceeding, the decision will be particularly significant […]
Learning from the US & Vice Versa
Jeffrey Leon, a partner at Bennett Jones LLP in Toronto, has just completed a one-year term as only the second Canadian president of the American College of Trial Lawyers (ACTL). His tenure saw him travel some 250,000 kilometres to visit 45 states and nine provinces, affording him a unique insight into the mindset and practices […]
Federal court certifies veterans’ class action for delay on pension benefits
The Federal Court has certified a $100 million class action brought by former members of the Canadian Armed Forces reserves who alleged that the government illegally delayed their retirement benefits. “There were 1,300 complaints to the CAF ombudsman between 2006 and 2017,” says Adam Tanel, an associate at Koskie Minsky LLP and co-counsel for the class. The […]