Information About Personal Injury Law Blog

Written By: Dale Orlando and Ryan Marinacci, Student-at-Law The Court of Appeal for Ontario in Louis v Poitras, 2020 ONCA 815 recently granted the Plaintiffs’ motion for a stay of the Divisional Court’s Order in which it allowed the Defendants’ appeal from the motion judge’s decision to strike the j … Read more »

Written By: Joseph A. Cescon and Ryan Marinacci, Student-at-Law Extensive scarring is often indicative of serious injuries that will meet the threshold under s. 267.5(5)(b) of the Insurance Act.  But can scarring be so extensive as to meet the threshold in and of itself under ss. (5)(a)? Yes, accord … Read more »

Written By: Nick Todorovic and Endrita Isaj, Student-at-Law The recent decision of the Ontario Superior Court of Justice in Zaky v. 2285771 Ontario Inc., 2020 ONSC 4380 further clarified the law on the enforceability of waivers. In Zaky v. 2285771 Ontario Inc., the Plaintiff visited Sky Zone, an ind … Read more »

Written By: Michael Warfe and Endrita Isaj, Student-at-Law In personal injury claims, the issue of bifurcation often arises when parties seek to have the issues of liability and damages decided in separate hearings by the trier of fact. Bifurcation in trials is governed by Rule 6.1.01 of the Rules o … Read more »

Written By: Joseph A. Cescon and Brandon Pedersen, Student-at-Law On January 1, 2021, significant changes to the Rules of Civil Procedure will take effect, making permanent many of the temporary measures which the Court put in place to accommodate the issues and challenges associated with the COVID- … Read more »