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Ontario Trial Lawyers Association Case Summaries – February 17, 2019

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA's February 17, 2019 newsletter. Estate of John Edward Graham v. Southlake Regional Health Centre, 2019 ONSC 391 (CanLII) Full Decision (PDF) This medical negligence action arises from medical care provided to John Graham on May 23 and 24, 2008 at Southlake Regional Health Centre. Mr. Graham passed away on February 8, 2009. The Plaintiffs commenced the action against the hospital and various physicians for their negligent failure to remove a medical sponge from [...]

By | 2019-03-25T14:49:51+00:00 February 17th, 2019|Blog|0 Comments

Ontario Trial Lawyers Association Case Summaries – December 16, 2018

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA's December 16, 2018 newsletter. Ismail v. Fleming, 2018 ONSC 6615 (CanLII) This was a trial on damages for a motor vehicle accident which occurred in 2009, as liability had been admitted. The trial began on October 1, 2018 and continued until October 31, 2018, at which time the trial judge, Justice Leach, declared a mistrial. In Justice Leach’s lengthy decision, he emphasizes the vital importance of accurate trial duration estimates to the efficient [...]

By | 2018-12-19T15:37:46+00:00 December 19th, 2018|General|0 Comments

Ontario Trial Lawyers Association Case Summaries – December 10, 2018

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA December 9, 2018 newsletter. Aviva Canada Inc. v. Sidhu, 2018 ONSC 6506 (CanLII) As a result of a motor vehicle accident in 1996, Mr. Sidhu received IRBs until September 1996 when Aviva sent him a letter stating that he was not entitled to further benefits. The letter noted that mediation was the next step and included a copy of section 64 of the Statutory Accident Benefits Schedule – Accidents after December 31, 1993 [...]

By | 2018-12-12T14:58:32+00:00 December 12th, 2018|General|0 Comments

Ontario Trial Lawyers Association Case Summaries – August 19, 2018

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA August 19, 2018 newsletter. Adatia v. Cassar, 2018 ONSC 4321 (CanLII) This is a motion for summary judgment by the Defendant on liability in an action arising from a motor vehicle collision – the Court provides useful comments for cross-examinations on affidavits filed supporting the motion.   Date Heard: June 7, 2018 | Full Decision [PDF] The Defendant brings this motion for summary judgment, asking the Court to determine the issue of liability in his favour [...]

Ontario Trial Lawyers Association Case Summaries – July 1, 2018

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA July 1st, 2018 newsletter. Ontario (Finance) v. Traders General Insurance (Aviva Traders), 2018 ONCA 565 (CanLII) The Court of Appeal determines whether the insurer properly terminated the policy of insurance on the vehicle at issue where the owner of the vehicle is not the named insured under the policy. Date Heard: November 9, 2017 | Full Decision [PDF] This action arose out of a catastrophic accident involving a vehicle owned by Peter Leonard. [...]

By | 2018-07-04T16:38:44+00:00 July 4th, 2018|Accident prevention, claims, General, Groundbreaking Law, Insurance Claims, Personal Injury, Singer Kwinter news|Comments Off on Ontario Trial Lawyers Association Case Summaries – July 1, 2018

Ontario Trial Lawyers Association Case Summaries – July 1, 2018

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA July 1, 2018 newsletter. Ontario (Finance) v. Traders General Insurance (Aviva Traders), 2018 ONCA 565 (CanLII) The Court of Appeal determines whether the insurer properly terminated the policy of insurance on the vehicle at issue where the owner of the vehicle is not the named insured under the policy.   Date Heard: November 9, 2017 | Full Decision [PDF] This action arose out of a catastrophic accident involving a vehicle owned by Peter Leonard. The driver, [...]

GETTING LEGAL: Ride Safe this Summer

Summer is finally here! With the arrival of warm weather, many find cycling an irresistible form of leisure, exercise and transportation around the city. However, it is extremely important to be mindful of where you ride your bike and the consequences of not obeying the laws. The Highway Traffic Act (HTA), defines a bicycle as a vehicle that operates on the road, which means cyclists must use the roads with motor vehicles instead of the sidewalk. However, riders aged 13 or younger are allowed to ride on the sidewalk. While [...]

By | 2018-06-24T14:50:36+00:00 June 24th, 2018|General|Comments Off on GETTING LEGAL: Ride Safe this Summer

GETTING LEGAL: Children and Cycling in Toronto

Cycling on the roadway, in and of itself, is an activity that brings about a higher risk of serious injury because cyclists are not protected by a car’s exterior like motorists are. Young children are even more vulnerable while riding bicycles on the roadway because they are smaller and harder to see. Therefore, it is critical that parents and guardians review roadway laws and safety measures with their young children regularly to avoid unfortunate accidents and injury. Children must obey the applicable traffic laws anytime they ride on the roadway [...]

GETTING LEGAL: Ontario bill seeks to increase penalties for drivers who injure cyclists

A new bill is seeking to toughen penalties for drivers who injure or kill cyclists, pedestrians, and other vulnerable road users in Ontario. Bill 158, Protecting Vulnerable Road Users Act, 2017, is a private member’s bill which was introduced by former MPP Cheri DiNovo. It is intended to penalize drivers who violate Highway Traffic Act rules around driving while using a cell phone, driving while unlicensed, driving while intoxicated, speeding, careless driving, disobeying signs or lights at intersections or pedestrian crossings, proper signalling, sharing the road with other users, safety near emergency vehicles, [...]

By | 2018-05-29T13:37:07+00:00 May 29th, 2018|General|0 Comments