Courts show growing willingness to award damages when Charter rights are violated
This article originally appeared in The Lawyers Daily on September 11, 2017, published by LexisNexis Canada Inc. The Supreme Court of Canada opened the door in 2010 for plaintiffs to seek damages from the government based on breaches of their rights under the Canadian Charter of Rights and Freedoms (“the Charter“). In Ward v. Vancouver (City), 2010 SCC… Read more »
WARNING: Your Auto Insurance is Changing – What You NEED to Know
If you are injured in an auto accident, you are entitled to certain statutory accident benefits; the Ontario government has changed some of these benefits.
Understanding Non-economic Loss and Permanent Impairment
Workers who have a work-related permanent impairment are eligible for Non-Economic Loss (NEL) benefits. This award recognizes the permanent effects of a workplace injury on a worker’s life outside of work. This award is not meant to compensate for monetary loss (like wages) caused by the workplace injury; rather, it is meant to compensate for general loss of functioning caused by a permanent injury.
Proposed Amendments to the Workplace Safety and Insurance Act
Currently, the WSIB does not review a worker’s Loss of Earnings benefit more than 72 months after the date of the worker’s injury, with some exceptions which are outlined in this article.
Patient Beware and Be Prepared
Primum non nocere or “first, do no harm” is an essential maxim and underlying goal of modern medicine. For the health care practitioner, it is a reminder that even the best intentioned conduct can result in injury to the patient and the effectiveness of the maxim is measured by studying “adverse events” in hospitals and other health care settings.
Appeal Court Enforces Timelines Under Accident Benefits Legislation
Ontario’s Statutory Accident Benefits Schedule (SABS) provides for prescribed time limits under various sections of its regulations. A failure to comply does not necessarily disentitle claimants to benefits in the event that they can establish a reasonable explanation or a reasonable excuse for their failure to do so. Relief from forfeiture is available under s.129 of the Insurance Act where there has been imperfect compliance with a statutory condition, but it is a discretionary remedy.