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personal injury action

Dec 16 2019

KICK-STYLE ELECTRIC SCOOTER (E-SCOOTERS)

As the problems of “traffic” and “climate change” continue to grow, people are more eager to find more efficient, cheaper, faster, and environmentally friendly transportation methods. Kick-Style Electric Scooter – better known as E-Scooters – seem to have become one of the latest attempts at finding a solution. For those who do not know what I am talking about, imagine the same scooter that your child may have, used by an adult and equipped with an engine capable of running it up to 30 km/hr. For a few hundred dollars you can own one of these E-Scooters...

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Nov 13 2019

Recent changes to the Ontario Rules of Civil Procedure

For those of you who may not know Rules of Civil Procedure (the “Rules”) is a set of rules, which as the name implies, govern the civil court procedure in Ontario. Like all other statutes, the Rules are available to public in Ontario government’s website at www.ontario.ca and can be accessed by clicking on this link.The provincial government has recently introduced a number of changes to the Rules, which I briefly discuss below. These changes have been made on October 23, 2019 but will not come into effect until...

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Sep 27 2019

Contingency Fee Retainer Agreements

Retainer agreements are generally a type of agreement between clients and lawyers setting out the terms of a contract for services by lawyer to client. Most of us are familiar with hourly retainers whereby the client will deposit a certain amount of funds in lawyer’s trust account, who will then withdraw from client’s trust funds periodically, based on the length of time lawyer has worked multiplied by his or her hourly rate.Contingency fee retainer agreements are different in that the fees (and often disbursements) are not paid until the lawyer...

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Sep 01 2018

Actions for Personal Injury or Death Arising from Car Accidents – Part II

[no_button size="" style="" text="DAMAGES FOR PAIN AND SUFFERING" icon_pack="font_awesome" fa_icon="" icon_position="right" icon_color="2A25FF" icon_background_color="" icon_background_hover_color="" link="" target="_self" color="" hover_color="" background_color="" hover_background_color="" border_color="" hover_border_color="" border_width="" font_size="" font_style="normal" font_weight="" margin="" padding="" border_radius=""](a) THRESHOLDIn exchange for statutory accident benefits (discussed in previous posts such as this one), all claims for health care expense and pain and suffering losses (non-pecuniary losses), arising from a car accident in Ontario, are subject to what is often referred to as the “threshold”. This is established by s.267.5(3)-(5) of the Insurance Act and absolves an owner or driver of...

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Aug 20 2018

Actions for Personal Injury or Death Arising from Car Accidents – Part I

[no_button size="" style="" text="Before Commencing an Action" icon_pack="font_awesome" fa_icon="" icon_position="right" icon_color="2A25FF" icon_background_color="" icon_background_hover_color="" link="" target="_self" color="" hover_color="" background_color="" hover_background_color="" border_color="" hover_border_color="" border_width="" font_size="" font_style="normal" font_weight="" margin="" padding="" border_radius=""]Certain requirements must be met before someone can issue claim for personal injury or death, against someone else, arising from a car accident. Among these requirements are applying for accident benefits and providing notice of intention to commence action within 120 days of the accident (“the notice”). Failure to comply with those requirements is not fatal but will be considered by the court...

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