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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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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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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Distracted Driving: Ontario Introducing Tougher Penalties

It won’t be long before picking up your phone while driving, even if stopped at a red light, will cost you even more money.

On September 20, 2017, Ontario Transportation Minister Steven Del Duca announced that the Liberal government will introduce legislation to increase the fines for distracted driving from a maximum of $1,000 to up to $2,000 on second conviction, and up to $3,000 for a third or subsequent conviction as well as six demerit points for multiple offences.

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