In Ontario, before a law graduate can practice law, they must first complete their “articles”, which is on the job training with a practicing lawyer. When I did my articles 12 years ago, we articled for 12 months. The time has now been shortened to 10 months. The law graduate also has to pass the bar admission exams that occur before and after the period of articling.
This past week, the Ontario Liberal government publicly indicated that the government isn’t planning on changing the province’s law on joint and several liability. This is welcome decision for the rule of law in Ontario.
In past Bonn Law Blawgs I’ve fully agreed with Toronto Sun Columnist, Alan Shanoff. I cannot support his most recent column from July 5, 2014 in which he writes that it is time to end civil jury trials. While I agree with many of his points, the jury is fundamental to our system of law. In Ontario a civil jury is made up of 6 individuals from the community (not 12 that is reserved for criminal cases only). At the most basic level, a jury is protection for everyone from state power. Judges are appointed by government officials.
For years Google has been working on and developing a self-driving car. Last week it revealed how this new transportation vehicle is going to look and an idea of how it will operate. The prototype has no steering wheel or gas and brake pedals and the current model reaches a maximum speed of about 40 kilometers an hour. The car is not going to win any style awards:
In the early hours of October 28, 2012, seventeen year old Brandon Majewski hopped on his bicycle with two friends to go out for hot dogs. As they bicycled down the road, a SUV struck the three cyclists from behind, killing Brandon and seriously injuring his friend Richard McLean. The other young cyclist, Jake Roberts was lucky to escape with only minor scratches. This tragic incident has sparked legal actions on both sides. Brandon’s family started a legal action against the driver of the SUV, Sharlene Simon. Recently, Brandon’s family was served with legal papers indicating that Ms. Simon is counter suing Brandon and the other two young cyclists for the emotional trauma she suffered that night.
Doctors and other medical professionals play a critical role in an injured person’s insurance and legal cases. For the most part, doctors and medical professionals play a positive and helpful role, treating the injured person’s injuries and disabilities. Doctors and other medical professionals are also called upon to perform examinations that can greatly influence and even determine:
In November 2012 Tom Samson, father of two young children, was tragically killed while riding his bicycle. Tom was killed by a van. The van left the scene of the collision. The police told Tom’s wife that he had illegally went through a red light. Tom’s wife could not believe that Tom would run a red light on his bicycle. Also, she didn’t understand why the van involved would leave the scene unless the driver was somehow at fault for the collision. She did not, could not, accept the conclusion that Tom had run the red light. She hired a lawyer to look into the police investigation.
Background: Imagine you are badly injured in a car crash and need assistance to perform personal care or prepare your meals. You may be entitled to these benefits from your own insurance company under the Statutory Accident Benefits Schedule (SABS) provided that your health care professional completes a Form 1, which indicates how much attendant care, in terms of hours and time, you require.
Drive Only Never Text (D.O.N.T.). Every June is brain injury awareness month. This past June was the launch of the inaugural D.O.N.T. campaign. The campaign reminds drivers of all ages that distracted driving – which includes driving while texting or talking on a cell phone – can lead to car crashes and brain injuries. D.O.N.T. is led by the Ontario Brain Injury Association (OBIA), in partnership with participating local community Brain Injury Associations, the Ontario Ministry of Transportation and the Ontario Trial Lawyers Association (OTLA).
Insurers recently started a new advertising campaign to try and scare the public into accepting less for more. Alan Shanoff explains in his recent column in the Toronto Sun, read the article here. Since dramatic cuts to auto insurance in September 2010, collective profits of auto insurers in Ontario have jumped by 2 billion dollars – that is a lot of money! Yet, the promised reductions in premiums with cuts to our benefits never materialized. The insurers have simply used the cut in benefits to line their coffers. I am not against companies earning profits, all companies should maximize profits for their shareholders. However, insurers are not earning their profits by good business practices or through innovation – they are making money off the backs of injured car accident victims. It is time for a change in Ontario. Maybe it is time to abandon mandatory no-fault benefits in Ontario and focus on a true tort (at-fault party pays) system.
