Expert Evidence in Accident Benefit Cases: Considerations under the “new” LAT system

Barrie Personal Injury Lawyer

  • How Are Juries Affected by the COVID-19 Crisis?
    Posted under Uncategorized
    Published on April 12, 2021
    Written By: Steve Rastin, Personal Injury Lawyer Jury trials have been infrequent during the COVID-19 pandemic, and courts have continuously adapted to these uncertain times. In March 2020, Ontario temporarily suspended in-person jury trials and have found difficulty in determining the best course of action for reinstating them. During 2020, COVID-19 cases frequently spiked, making the courts nervous about allowing
  • Changes to the Occupiers’ Liability Act Impact Filing Deadline for Claimants
    Posted under Premises Liability
    Published on January 4, 2021
    The Occupiers’ Liability Act was recently amended after receiving royal assent on December 8, 2020, and these changes are therefore in full force and effective as of that date. The new changes impact the handling of liability claims against condominium corporations. Act Changes to 60 Day Rule Slip and fall cases in condo complexes now require the claimant to send
  • Navigating Summer Road Trips and Auto Insurance
    Published on July 29, 2020
    As we head further into the summer season, your patience for sheltering in place due to COVID-19 may be wearing thin. You may be considering driving further than to and from your local grocery store as restrictions ease throughout the province. However, before taking off for any destination, it’s important to check government restrictions for the areas where you wish
  • Update on the Status of Personal Injury Trials in Ontario in the Current COVID-19 Pandemic
    Posted under Personal Injury
    Published on July 21, 2020
    Like just about everything else, the Ontario Court system suffered massive disruptions during the government-mandated shutdown that swept across Ontario in March 2020. While governments had little choice with respect to the drastic steps it took at that time, the profoundly negative impact on the administration of justice cannot be overstated. Lawyers were advised in a tweet on a Sunday
  • Elder Abuse & Wrongful Death Claims: Why You Should Speak to a Lawyer before Accepting Any Offers from Insurance Companies
    Published on June 24, 2020
    The COVID-19 crisis is a health and economic tragedy. Millions of individuals have been afflicted, and hundreds of thousands have died. In Canada, the virus has taken a heavy toll on our elderly population, especially those in assisted living and nursing home situations. Some nursing homes are clearly doing the best that they can to provide care in the extraordinarily
  • Statutory Accident Benefits for Car Accident Victims in a COVID-19 World
    Posted under Accident Benefits
    Published on June 18, 2020
    With the COVID-19 worldwide pandemic, insurance companies have had to adjust their methods in dealing with their insureds. This is certainly true in Ontario for those who have been injured in a car accident. In the new norm of COVID-19, insurance companies need to be more flexible than ever in how they communicate with their customers. They also need to
  • The Challenges of Seeking Compensation from Negligent Long-Term Care Facilities
    Published on June 17, 2020
    Last month, Rastin Gluckstein Lawyers summarized the legal test required to prove negligence and how it would apply in forthcoming negligence-based lawsuits against long-term care facilities and the harmful spread of COVID-19 within the facilities. Taking a more fact-specific approach now, this blog will examine the specific challenges that arise for individuals seeking compensation for harm suffered as a result
  • Expert Witness Battles Dragging out Personal Injury Trials
    Posted under Personal Injury
    Published on June 3, 2020
    The use of hired-gun experts has created trials that are too long and expensive, Barrie-area personal injury lawyer Steve Rastin argues. “A personal injury trial in British Columbia usually takes about a week, while in the United States they are done in three to four days,” says Rastin, managing partner of Rastin Trial Lawyers “In Ontario, it can take three to
  • Rastin Cautiously Optimistic about Simplified Procedure Changes
    Published on June 2, 2020
    Changes to Ontario’s Rules of Civil Procedure have the potential to boost access to justice, says Barrie-area personal injury lawyer Steve Rastin. A series of amendments to Rule 76, which governs actions proceeding under the simplified procedure, will take effect Jan. 1, 2020, including the doubling of the monetary jurisdiction for simplified actions from $100,000 to $200,000, the imposition of a hard five-day
  • Review Your Estate Plan upon Marriage, Divorce, or Separation
    Posted under Wills and Estates
    Published on June 1, 2020
    If you fail to update your will and powers of attorney in the event of a change in marital status, there could be unintended consequences, Barrie-area litigator Steve Rastin says. He points to a survey conducted in 2018 which showed that only 35 per cent of Canadians said they have a will that is up to date, which is surprising to
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