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Published on: 16 Mar 2022 By

My family member was injured… do I have a claim?

People are tragically injured or killed in motor vehicle accidents all too often. Often overlooked, however, is the way these losses directly affect the families of accident victims and their right to advance a claim under the Family Law Act in Ontario. This article explains who is eligible …

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Published on: 15 Mar 2022 By

Damages for senior plaintiffs—the Golden Years Doctrine

Calculating damages for pain and suffering is not a straightforward analysis for a judge or jury. There are a number of factors that are considered when determining the amount. Specifically, Courts have grappled with how to effectively assess such an award in cases dealing with senior plaint…

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Published on: 15 Mar 2022 By

Receiving an inheritance while on the Ontario Disability Support Program

Receiving an inheritance, either as a beneficiary under a Will or through the proceeds of life insurance, while on Ontario Disability Support (“ODSP”) can require some additional steps and planning to avoid a loss of benefits. Since ongoing qualification for ODSP benefits is based on a finan…

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Published on: 8 Mar 2022 By

Getting it right in Ontario courts’ treatment of honoraria – Doucet and Redublo

In the event of a successful monetary settlement in a class proceeding, courts may order that additional compensation, in the form of a payment called an honorarium, be paid to a representative plaintiff who has meaningfully contributed to advancing litigation on behalf of the class. Honorar…

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Published on: 10 Feb 2022 By

First reported decision on s. 29.1 of the amended CPA – Bourque v Insight Productions

In Bourque v Insight Productions, Justice Belobaba applied section 29.1 of the amended Class Proceedings Act, 1992 (“CPA”), dismissing a putative class action for delay. Section 29.1 provides that, on a motion, the court must dismiss a putative class proceeding for delay unless, by the first…

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