Work-Related Injuries or Hurt in a Job?

Rights, Obligations and Tips for Worker’s Comp Situations It is an unfortunate fact about life that an accident can happen at any time and at any place – including work. Rights and Obligations After a Workplace Injury A workplace injury lawyer can advise you of your rights and obligations as an injured worker and the rights and obligations of your employer, and can protect and safeguard your interests. A comprehensive overview of these rights and obligations is beyond the scope of this article. However, here is a brief summary: The employer’s duties include: to provide transportation to a healthcare facility…

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How Much Does Hiring an Accident Lawyer for Your Personal Injury Claim Cost?

Gain an Understanding of How Much Personal Injury Lawyers Charge There are a number of myths out there about legal fees. For example, some people are surprised that lawyers charge fees for their services. However, just like any other business charges its clients fees for delivering services to them, so are lawyers entitled to a reasonable fee for their services rendered. Secondly, some people are under the impression that a lawsuit is going to solve all of their disputes. However, the question of whether it is worth it to fight a lawsuit depends on a number of factors; that is…

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Searching for an Accident Attorney Near You?

Key benefits of a local lawyer If you have been injured at work or in an accident due to someone else’s negligence, there are a number of reasons why you should consider hiring a local lawyer to take on your legal claim. In a local community, reputation is everything. Local lawyers exert a large amount of effort to cultivate their reputation in the community by not only serving clients but through volunteerism and professional activities. Since a local lawyer has a vested interest in maintaining their positive reputation, they are especially motivated to provide excellent legal representation to clients. Another…

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Points to Consider When Hiring a Personal Injury Lawyer If You Were Seriously Injured

Some reasons why consulting with a lawyer about your injury can make all the difference. After a serious injury, the idea of contacting a lawyer is a consequential one. If you lack a lawyer’s opinion about your claim, you might end up settling for less or missing an essential time deadline. A lawyer’s opinion about your injury claim will address the questions of what, how and when. What – A lawyer can clarify the types of damages that can be claimed for a serious injury which may include damages for pain and suffering, loss of enjoyment of life, past loss…

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Deciding Disclosure Requests where Objection based on Privacy raised

A Balancing of Evidential Value and Potential Prejudice In Mohamud v. Juskey,[1] released August 2023, the court set forth a new legal framework for disclosure requests in the civil context where a party objects on privacy grounds. The plaintiff sued the defendant for a MVA wherein he crossed into her lane and caused her to crash under wet road conditions. The plaintiff allegedly sustained a concussion, whiplash, chronic pain, soft-tissue and psychological injuries (e.g., depression). She sued the defendants – being the driver and the owner of the vehicle involved – for general damages, loss of enjoyment of life, loss…

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The Tort of Family Violence – Update

Existing Torts Provide Adequate Remedies, New Tort Unnecessary, Court Finds The appeal judgment of a trial decision that created a new tort called family violence[1] was released. Firstly, ML Benotto JA determined that the trial judge (TJ) erred in creating a new tort of family violence. Recognizing that intimate partner violence is a pervasive social problem, the appellate judge reasoned that, for proposed nominate torts, a consideration is whether there are other adequate remedies. The TJ’s findings (such as that the husband physically assaulted the wife on three separate occasions) were sufficient for the verdicts that he committed assault, battery…

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Chronic Pain and Sufficiency of Proof

Case Study of Grewal v. Echelon General Insurance Company[1] The applicant, JG, was involved in a MVA on October 1, 2020 and sought accident benefits. The respondent insurer, Echelon, paid med-rehab benefits up to the $3,500 Minor Injury Guideline (“MIG”) limit but denied further benefits, taking the position that JG’s injuries were minor. JG applied to the License Appeal Tribunal (“LAT”) for resolution of the dispute. The issues in this LAT proceeding were a) whether JG’s injuries were minor and b) whether JG was entitled to any of the disputed med-rehab benefits (for four physiotherapy treatment plans, one orthopedic assessment…

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The Principles of Ownership in Vehicle Negligence Actions

Exploring Three Case Examplars of the Non-ownership Defence If anyone is negligent in the operation of a vehicle, the victim(s) of such negligence may seek damages from the owner(s) of that vehicle.[1] A key word in that legal formula is “owner.” The word “owner” is not defined in the relevant Act. In cases where people have sued others as being owner of the motor vehicle that was used negligently in an accident, the persons being sued have sought to evade legal liability by arguing that they were not, in fact, the owner. The legal issue of whether a party is…

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The Importance of Pre-Accident Medical Records to Accident Benefit Claims

Case Study of M.A. v. Co-operators, 2023 CanLII 30777 (ON LAT) The recently published case of M.A. v. Co-operators illustrates the importance of an applicant’s medical records dating from before the MVA in question to the issue of causation in establishing that the MVA caused the applicant’s currently-experienced injuries and symptoms. The facts and issues The applicant was involved in a MVA that occurred on March 12, 2019. The respondent insurer categorized her injuries as being minor in nature and denied some of her claims to accident benefits that exceeded the Minor Injury Guideline. She applied to the LAT to…

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Saskatchewan Case Law For The Sufficiency of An Emoji As Contractual Acceptance

Case Study of Southwest Terminal Ltd. v. Achter Land[1] A case that was released on June 8, 2023 from the Saskatchewan Court of King’s Bench determines, at least within the jurisdiction of the Province of Saskatchewan, an interesting issue for the world of commerce, which is: Can a thumbs-up emoji, in the right circumstances, be legally recognized as a valid form of acceptance of an offer that creates a legal contract? The Plaintiff alleged that the parties entered into a deferred delivery purchase contract on March 26, 2021 in which the Plaintiff agreed to buy and the Defendant agreed to…

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