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Below is a preview of the five most recent posts from the blog The Bogoroch Post. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Proving Psychological Harm in a Personal Injury CaseJune 20, 2017
In many personal injury cases, plaintiffs have sustained psychological harm as a result of a motor vehicle accident, medical malpractice or other traumatic event. In the leading case of Mustapha v Culligan of Canada Ltd.,[1] the Supreme Court of Canada recognized psychological harm as an injury wort … Read more »
- NUTS & BOLTS: Municipal Notice & Limitation PeriodsMarch 22, 2017
Introduction The 10-day notice periods proscribed by the Municipal Act, 2001[i] and the City of Toronto Act, 2006[ii], have been judicially referred to as “very unfair”[iii] and “unreasonable”[iv]. Nonetheless, failure to meet the notice requirement in an action against a municipality can be fatal t … Read more »
- Case Study: Overcoming an Unfavourable Police InvestigationFebruary 13, 2017
No financial compensation can be obtained on behalf of a client injured in a motor vehicle accident, unless there is a finding of negligence as against a third party. The following case study is an illustration of how Bogoroch & Associates LLP obtained a settlement for a seriously-injured client, d … Read more »
- Surujdeo v Melady: Court of Appeal Provides Direction for Civil Jury TrialsFebruary 7, 2017
On December 9, 2015, Justice Arthur Gans endorsed judgment in accordance with the jury’s verdict in Surujdeo v. Melady, 2015 ONSC 7443, argued by Richard Bogoroch. As a damages agreement had been reached prior to trial, the remaining issues at trial were standard of care and causation. The jury foun … Read more »
- Bad Faith and the Negligent Infliction of Mental Distress: What the Recent Changes to the Insurance Act Mean for your CaseJanuary 11, 2017
On April 1, 2016, amendments to the Insurance Act[1] came into effect and drastically changed the dispute resolution process for no-fault accident benefits in Ontario. Most prominently, people injured in a motor vehicle accident are no longer permitted to commence court proceedings against insurance … Read more »