A motion is a formal request to the court for an Order. Motions may be contested, on consent, or unopposed (i.e., no position is taken by opposing counsel). Motions address many issues, including: routine requests to amend pleadings; contested matters, like compelling a certain party to attend at an examination for discovery; and complex rulings on legal issues. A motion can be brought before any level of court. This guideline will provide practical tips for bringing and speaking to motions at Regular motions hearing days in the civil Superior Court of Justice in London, Ontario.[1] Contents ..read more

Non-earner benefits are one of the accident benefits included in a standard automobile insurance policy in Ontario. Employed adults injured in a motor vehicle accident can apply for income replacement benefits, a benefit included in their automobile insurance policy. Historically, those who cannot qualify for income replacement benefits such as students, unemployed, and retired individuals can apply for non-earner benefits if they suffer from “a complete inability to carry on a normal life” as a result of injuries sustained in a collision. Individuals 18 years of age and over who are entitled ..read more

In the realm of injury law, the term “punitive damages” often emerges, surrounded by curiosity and confusion. Unlike the more commonly understood compensatory damages intended to reimburse victims for their losses, punitive damages serve a distinct and somewhat more complex purpose. This brief article seeks to shed light on punitive damages within Ontario’s legal landscape, aiming to unravel the intricacies of this legal concept for our readers. Whether you’re navigating the aftermath of an injury or simply keen to understand the nuances, individuals need to know their legal rights. What are p ..read more

It is common practice to lend a vehicle to a family member or a friend. People do it without thinking twice. However, in the case of a car crash on a public road, there are legal implications not only for the driver but also for the owner of the vehicle. The Ontario Court of Appeal has recently released a decision on this topic: Desrochers v McGinnis, 2024 ONCA 63. Ontario legislation establishes that vehicle owners are responsible for the acts and omissions of those to whom they lend their vehicles.1 Cases predating Desrochers, established that imposing responsibility on the owners of vehicle ..read more

On March 10, 2024, Kate Middleton posted a photograph of herself and her three children to celebrate Mother’s Day in the United Kingdom. This was the first photograph released of Kate following a reported abdominal surgery which gave rise to a number of conspiracy theories about her whereabouts and wellbeing. After the photo was posted, online sleuths quickly deduced that the image had been altered, prompting an apology from Kate for her “experiment with editing”. While this editing may have been easily spotted, other altered images are not as easily identified. As AI technology grows in popul ..read more

For most dog owners, the words “car ride” gets their dog excited and begging to hit the road. However, driving with your dog in your vehicle poses a risk to your safety, your pet’s safety, and the safety of other drivers. In a recent Canadian survey, almost half (47%) of participants leave their pets unrestrained while driving with 20% allowing their pets to roam the backseat, and 6% allowing their pet to ride on their lap while driving.1 The risks your dog may pose Despite the companionship our pets provide on long drives or road trips, your dog can pose a serious risk to your ability to safe ..read more

Left-turn collisions often occur at intersections. One driver may be going straight through the intersection while another, proceeding in the opposite direction, is attempting to turn left at the light. Examples of behaviour that can result in a left-turn collision include: Miscalculating the speed of an oncoming vehicle/the time required to complete the turn; Failing to signal before turning; Turning without a clear view of the intersection and/or oncoming traffic; and, Trying to “beat the light” or other drivers approaching. When a collision occurs, it may be unclear who is at fault. Ontar ..read more

Did you know that if you have been hurt in a motor vehicle collision seriously enough to receive an award for pain and suffering, it may be reduced by $46,053.20? This amount is known as the statutory deductible and, worse yet, it is tied to inflation and increases each year. If you are injured in a motor vehicle collision in Ontario, you have the legal right to sue the at-fault parties. The Insurance Act governs motor vehicle claims. Under the Act, any amount awarded for pain and suffering in court or settlement negotiations is subject to a statutory deductible. The legislative ..read more

Instances of sexual abuse can be addressed legally in the civil and criminal systems. Some matters may end up in both. The processes, purposes of, and possible outcomes in each differ. Criminal matter A criminal case is pursued by the Crown with the benefit of police investigation. The goal of the criminal matter is to determine the guilt or innocence of the accused abuser. The burden of proof rests with the Crown to demonstrate that the accused is guilty beyond a reasonable doubt. Until then, the accused is presumed innocent. In criminal matters, the victim will appear in court as a witness f ..read more

In Ontario, the law recognizes the relevance of social media content in personal injury cases. This means a plaintiff may be required to provide to the defendant any posts, photos, or other information on their social media accounts that may be relevant to the case, such as details about their physical or mental condition, activities, or lifestyle. Recently, the court dealt with the issue of media disclosure in Mohamud v. Juskey, 2023 ONSC 4414. The case set parameters for the extent to which plaintiffs’ social media accounts are required to be shared with defendants. The facts of the case wer ..read more