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Has the Court of Appeal eliminated the impact of Rule 49 offers?

This post was written by Andrea Girones:

February 24, 2015

February 24, 2015 As a general rule in Ontario personal injury lawsuits, the loser pays the legal costs of the winning side. Rule 49 of the Rules of Civil Procedure deals with offers to settle which can reverse the standard “winner takes all” approach to costs. Typically if you offer to settle a case for $X […] READ MORE>

Summary Judgment Motions – Will They Replace Trials?

This post was written by Andrea Girones:

January 22, 2015

Although much has been made of the new summary judgment rules, the Courts appear to be struggling to sort out how best to apply these rules to the area of personal injury. Injury and accident lawsuits tend to turn on the credibility of the victims as well as the so called “battles of the experts”. […] READ MORE>

Case Summary – Property Was Not Utility Right-of-way Corridor

This post was written by Andrea Girones:

December 17, 2014

Plaintiff male was seriously injured while tobogganing on reservoir property owned by defendant city. Plaintiff female was former spouse of male and made claim under Family Law Act (Ont.) (“FLA”). Male was injured when toboggan hit edge of snow covered ditch. Parties agreed to arbitrate plaintiffs’ claims. Arbitrator found city fully liable, with no contributory […] READ MORE>

Ontario’s Bill15: How Will It Reduce Automobile Insurance Rates?

This post was written by Andrea Girones:

October 15, 2014

In July, the Ontario Liberal government introduced Bill 15 entitled the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014. The aim of the bill is to reduce automobile insurance rates by reducing the overall costs for insurance companies with the intention that insurance companies will pass their savings along to their customers.  Whether this […] READ MORE>

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