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More on the MIG from the LAT
  • Miller Thomson LLP
  • Canada
  • October 17 2017

The License Appeal Tribunal (LAT) has released a number of decisions dealing with the application Minor Injury Guideline (MIG) to injured persons. In


Diversonomics Season 2 Episode 4 - Re-training the brain (Pt 1): The road to work after concussion
  • Gowling WLG
  • Canada
  • October 17 2017

Sometimes the worst part about sustaining an injury is the recovery process that follows. When an employee becomes concussed, the road to return to


BCCA denies claim where teenaged plaintiff “ought to have known” that vehicle was driven without consent
  • Harper Grey LLP
  • Canada
  • October 10 2017

The phrase “knew or ought to have known” under s. 91 of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231 imports a purely objective standard. A


BCSC dismisses personal injury claim of cyclist with no memory of accident citing lack of evidence to establish unidentified motorist negligence
  • Harper Grey LLP
  • Canada
  • October 10 2017

The plaintiff cyclist who was found unconscious and injured was unable to prove negligence against an unidentified driver because there was no


Slip and Fall Case Dismissed on Summary Judgment Motion: No Objective Evidence of Unsafe Condition
  • Miller Thomson LLP
  • Canada
  • October 2 2017

For 9 years, Marian Hamilton resided on the fourth floor of an apartment building in Toronto. In May 2012, at 67 years of age, she slipped and fell on


United States Court of Appeals (6th Circuit) Provides a New Interpretation of Article 17(1) of the Montreal Convention
  • Borden Ladner Gervais LLP
  • Canada
  • September 29 2017

The Montreal Convention creates, among other things, uniformity in the legal treatment of international carriage of passengers, including passenger


Blaneys Ontario Court of Appeal Summaries
  • Blaney McMurtry LLP
  • Canada
  • September 22 2017

The Court released two companion decisions (El-Khodr v. Lackie and Cobb v. Long Estate) relating to the deductibility of collateral benefits, namely


Court of Appeal: PJIDeductibleCosts Changes are Retroactive, SABS fully deductible and Punitive Damages not Appropriate
  • Miller Thomson LLP
  • Canada
  • September 20 2017

On September 19th, 2017, the Ontario Court of Appeal released it’s much anticipated decision on whether or not changes to how pre-judgment interest


Blaneys Ontario Court of Appeal Summaries
  • Blaney McMurtry LLP
  • Canada
  • September 15 2017

Below are the summaries of this week’s civil decisions of the Court of Appeal for Ontario. There were two Family Law decisions, one in the context of


Minnesota is an "Inadequately Insured Motorist"
  • Samis+Company
  • Canada
  • September 14 2017

The Court of Appeal for Ontario has held that a Minnesota tortfeasor with only $500,000 liability limits is an “inadequately insured motorist” under