Van Dyke Injury Law Blog

In a recent motor vehicle accident case Trudeau v. Cavanagh, the court rejected the plaintiff’s late-breaking switch in litigation strategy as “opportunistic” and instead, allowed the defendant to amend his court pleadings a full two years after the accident which would potentially have the effect of shutting out the plaintiff’s personal injury claims entirely. In […]

Summer is the season for family vacations, with many people choosing to enjoying time at a cottage. But summer is also the prime season for boating accidents. These can happen in a split second, but the repercussions can be tragic and long-lasting. They may even result in personal injury litigation which can take years to […]

In a recent case called Cvetkovski v. Canada (Attorney General), a 50-year-old man who had applied unsuccessfully for Canada Pension Plan (CPP) benefits. He had a long history of psychological disorders which made it difficult to relate to others, and left him with low energy or motivation to do his job.  To try to cope […]

In a recent WSIB case, an interesting issue arose as to whether a commissioned door-to-door salesperson, who was hit by a car while crossing the street on his lunch break, was acting “in the course of his employment” within the meaning of the Ontario Workplace Safety and Insurance Act, 1997 (the WSIA). The car that […]

In a recent medical malpractice case involving an allegedly-botched hernia operation, the court examined closely at the role of Expert witnesses at trial, and the nature of the evidence they are required to give when evaluating whether the performing surgeon fell below the legal standard of care. The court’s comments are important, because they pertain […]

Anyone initiating a motor vehicle accident claim under the Ontario Statutory Accident Benefits Schedule (“SABS”) must satisfy at least two initial requirements: there must be an “automobile”, and it must have been involved in an “accident”. The decision called Unifund Assurance Company v Security National Insurance Company considers the first of these elements: specifically whether […]

While acknowledging that some litigation moves more slowly than others, the court in a recent Ontario medical malpractice case was asked whether a lawsuit brought by a deceased patient’s husband should be dismissed outright because of the 6-year delay in moving the matter along to trial. The man’s wife had died in 2008 during surgery. […]

In civil trials by jury, the juror selection process aims to weed out and exclude anyone who might be not be impartial as between the two sides of the dispute. Potential jurors can be excluded if they have a conflict of interest that is likely to affect their impartiality. In the case of a driver […]

You emerged with no broken bones, cuts or scratches. You were thankful and relieved that you survived a car accident without any injuries. But a few days or weeks later, you started to notice you were definitely not okay. Invisible or delayed injuries after car accidents are extremely common and yet there isn’t a lot […]

For the last few years, the OPP has held their Distracted Driving Awareness week in March. Every year, we hope that distracted driving statistics will go down, but inevitably, they do not. This year, the OPP announced that 65 people lost their lives due to distracted driving in 2016. Tragically, that is “more than drinking […]