Personal Injury and the Myth of the Named Defendant

I’ve practiced law now for nearly 17 years. For most of those years I’ve represented injured victims – these are the plaintiffs in legal actions. Over these years I’ve come to realize that there are several myths that pervade our system. One of the most pervasive is the myth of the named defendant.

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The Loss of Your Privacy

A recent case Isacov v. Schwartzberg, 2018 ONSC 5933, destroys an injured plaintiff’s privacy in his or her social media accounts. Master Short ordered the plaintiff to produce electronic or paper copies of photographs on any of the plaintiff’s Facebook and Instagram accounts. This case is a warning to anyone who has been injured in a motor vehicle crash, from medical malpractice, slip or trip and fall or fighting an insurance company for disability benefits – what you post on Facebook or Instagram will be produced to the defence. Once you start a lawsuit, your privacy in your social media is gone.

Is this fair?

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Time for a Shift in Auto Insurance

For the first time in 15 years the Liberals are no longer the party in power in Ontario. When the Liberals
came into power in 2003, Ontario had a generous mandatory no-fault accident benefits for those
injured in automobile crashes and corresponding limits on innocent victims' right to sue at-fault drivers
in tort. Over the past 15 years this quid pro quo has been eroded: no-fault benefits have been slashed
while the rights for innocent victims to sue in tort have been further limited. It is a double whammy for
Ontarians, reduced no-fault benefits and limited rights to sue in tort.

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Our Friendly Neighbourhood Family Doctor

As a personal injury and medical malpractice lawyer, I work with many doctors. In every one of my cases there is a doctor involved. In my experience over the past 16 years in almost every case a client’s family doctor is the unsung hero.

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14 Things to Know before going to Jail in Ontario: a Prisoner’s Guide.

Note: This article originally appeared in Robichaud's Criminal Defence Litigation.

When an accused is sentenced to custody they will be serving their sentence in either a Provincial or Federal institution. Sentences of two years less a day will be served in a Provincial facility. Sentences of two years or more will be served in a Federal penitentiary. Federal inmates are under the auspices of Corrections Services Canada.


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Person holding camera

Should We Turn On The Camera?

In September 2016, I wrote a blog for the Ontario Trial Lawyers Association in the wake of Edmonton judge, Justice Denny Thomson’s decision to allow television cameras inside the courtroom to broadcast his decision in the Travis Vader murder trial. 

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The High Stakes Cost of Litigation

$30,000 in damages and $151,045 in costs. $20,414.813 in damages and $237,017.50 in costs.

Litigation is expensive. We all know this to be a fact, but a couple of recent Ontario Superior Court decisions drive home the point. While at first blush one might think that awarding costs worth five and ten times the damages is outrageous, in both cases, the costs awards were fair and reasonable in the circumstances of each case. Had the trial judge awarded anything less, injustice would surely be the result.

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Medical Malpractice: Who Caused What?

As a lawyer helping people with medical malpractice cases, one of the most difficult tasks for me is to explain to an injured client and/or their family members the reality that in some cases, while the medical professional may be found negligent, the negligence did not cause the injury. The result: even though the medical professional was negligent, the injured client receives no compensation.

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