Personal Injury

It’s time to re-think how to use the ‘but-for’ test

Richard Halpern of Gluckstein Lawyers discusses the proper use of the counterfactual question This article was produced in partnership with Gluckstein Lawyers By Julius Melnitzer | August 23, 2023 A veteran member of the plaintiff’s medical negligence bar says it’s time for change in how we think about causation in tort, by clarifying the traditional […]

Ontario Superior Court acknowledges the risks and obstacles facing the medical malpractice bar

Ryan Marinacci and Richard Bogoroch on what Hemmings v Peng means for access to justice By Julius Melnitzer | May 29, 2023 This article was produced in partnership with Bogoroch & Associates LLP The  recent Ontario Superior Court decision in Hemmings v. Peng (2023 ONSC 66) awarding plaintiffs some $4.2 million in costs and disbursement lays […]

No need to distinguish between Catastrophic and non-CAT injuries, says Matt Sutton of Thomson Rogers

Process would be more equitable if claimants only had to prove necessity of treatment This article was produced by Canadian Lawyer in partnership with Thomson Rogers Lawyers By Julius Melnitzer | April 11, 2023 Ontario’s no-fault insurance scheme should do away with the distinction between catastrophic and non-CAT injuries, says Matt Sutton, a personal injury lawyer […]

How this personal injury lawyer dug deep for his client to overcome an obscure bureaucratic glitch

Andrew Rudder dug deep to change the law on catastrophic impairment By Julius Melnitzer | October 14, 2022 Andrew Rudder’s battle is a story about what fighting for your client really means. It’s tempting to say that Rudder of Rudder Law Professional Corporation, a personal injury boutique in Burlington, Ontario, is the story’s focal point. […]

PainWorth raises $2.1 million, targets North American insurance market

Photo: Painworth co-founders Chris Trudel and Mike Zouhri By Julius Melnitzer | February 12, 2022 PainWorth, a Canadian insuretech startup that some have called “the future of claims settlement”, has raised $2.1 million in seed funding. The timing corresponds with the launch of the Edmonton-based venture’s professional portal, Adjustly, aimed at insurance companies, claims adjusters […]

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BARE BONES BRIEFS | LSE: “Mediocre” male managers hold women back | Court: Receiver can monetize public shell listing | 3rd ed. of Kaplan, Frazer’s Pension Law published | Canadian start-up tops InsurTech awards | Best law firm webinars and bulletins

By Julius Melnitzer | June 21, 2021 “inadequate” men suit financial services prototypes “Mediocre” male managers practising “fake empathy” are holding back women in the finance industry, says a new report from Women in Banking and Finance and the London School of Economics (LSE). Apparently, the men were more likely to succeed because they fit […]

Women with pencil on shoulder putting check marks on clipboard list

BARE BONES BRIEFS | SCC: Can courts cancel child support arrears retroactively? | FCA upholds “unprecedented” site block order | SCC grants leave from $644 million patent infringement award| OCA rules on limitation in unidentified motorist cases | Can’t miss: law firm webinars & bulletins

By Julius Melnitzer | June 1, 2021 CAN JUDGES CANCEL CHILD SUPPORT ARREARS RETROACTIVELY? On Friday, June 4, the Supreme Court of Canada (SCC) will determine whether courts can retroactively cancel child support arrears. The judgment in Colluci v. Colluci will consider whether doing so provides an incentive for payors to be delinquent. Related Article: […]

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No accident benefits for Uber-driving lawyer attacked on the job

Licence Appeal Tribunal finds lawyer’s altercation and escape from disgruntled riders not an ‘accident’ By Court Report Canada | Feb. 18, 2021 An insurer was entitled to deny the accident benefit claim of a Toronto lawyer attacked by his Uber passengers, according to a decision by Ontario’s Licence Appeal Tribunal. The lawyer – who was still in […]

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COVID-19 puts courts, integrity of Ontario’s civil jury system on trial

December 15, 2020 | By Julius Melnitzer Citing the uncertainty as to when civil jury trials might resume during the pandemic, motions to strike juries have proliferated. Critics pointed to the extra effort, co-ordination, length and expense jury trials required, as well as the strain on jurors and demanded their elimination. “Since COVID began, judges […]

Divisional Court: “wait-and-see” before striking jury notice during COVID

November 17, 2020 | Julius Melnitzer The Ontario Divisional Court has ruled that a “wait-and-see” approach to striking jury notices due to delays caused by COVID-19 is appropriate in certain cases. The decision in Louis v Poitras was unanimous. “The use of “wait and see” in this way demonstrates the willingness of the court to […]

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