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Articles

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The Deduction of Accident Benefits in Tort Actions

Canada - January 16 2019 In the 2018 decisions of Cadieux v. Clouthier and Carroll v. McEwen, the Ontario Court of Appeal clarified the manner in which accident benefits are...

Speeding and Alcohol Consumption do not Necessarily Equal Negligence

Canada - January 3 2019 In the Ontario Court of Appeal decision of Smith v. Safranyos, 2018 ONCA 760, the Court considered an appeal from the trial decision of a claim...

Nemchin v. Green: The Deduction of Collateral Benefits at Trial

Canada - August 13 2018 The plaintiff was injured in a car accident in 2010. The trial in 2017 led to a jury verdict of $125,000 in general damages and $600,000 in future...

Causation in Historical Sexual Abuse Cases

Canada - May 22 2018 The concept of causation is difficult to grasp at the best of times, as much ink has been spilled over the years since the decision of Athey v...

Pre-judgment Interest in the Court of Appeal

Canada - October 5 2017 The Ontario Court of Appeal decisions of Cobb v. Long Estate 2017 ONCA 717 and El-Khodr v. Lackie 2017 ONCA 716 now provide clarification on the...