Disclosure of Electronic Documents in Personal Injury Cases

Did you know that in all cases, including personal injury cases, each party has a legal duty to disclose all documents which are relevant to any issue in the court case. This includes having to disclose any documents held by the party electronically, including saved documents and e-mails. There is disclosure requirements even if you are claiming privilege. Although in such cases, the document itself need be identified and not provided to the opposing party. Any e-mails between you and your lawyer are protected by solicitor client privilege. However, did you know that if you copy someone other than your lawyer with e-mails between you and your lawyer, the privilege can be jeopardized. Always ensure that all communication between you and your lawyer remains solely between the two of you. Marc-Nicholas Quinn, Partner, Plant Quinn Thiele LLP, Ottawa Personal Injury Law Firm.

When to settle your personal injury case - Ottawa Injury Lawyers - PQTLaw.com

Most clients ask us when they can expect their case to settle. The answer to this question depends on many factors. However, the primary factor is what personal injury lawyers sometimes call "crystalization of injury". This is the period in time when we receive a medical opinion from your treating physician which provides that your injuries will not get any better or any worse and usually means that you have recovered as best as can from the injury. The term is sometimes also called "maximum medical recovery" or "MMR". Once it is determined that you have reached this medical stage, we can work with you to prepare a comprehensive settlement proposal and approach the insurance adjuster or opposing counsel in a attempt to settle your case. To learn more about issues like this visit us at www.pqtlaw.com. Marc-Nicholas Quinn, Ottawa Personal Injury Lawyer. 613-563-1131.

Civil Burden of Proof: A Change.

As my partner, Todd Plant, successfully argued in Boileau v. Bogey Construction, the standard of proof in a civil case, where the allegations are criminal in nature, changes from a balance of probabilities to a somewhat more stringent test closer to the criminal standard of beyond a reasonable doubt. This higher test was accepted as the law at many levels of court and numerous administrative Tribunals. The test makes sense on an abstract level but in application it became difficult to apply.

These days are now behind us as the Supreme Court, in C.(R.) v. McDougall 2008 SCC 53, has held that there is only one standard of proof in civil cases and that is on a balance of probabilities. The test now is that in all civil cases evidence must be sufficiently clear, convincing and cogent to satisfy the balance of probabilities test. This is the new standard which all judges are now presumed to know. Michael K.E. Thiele Ottawa Personal Injury Lawyers, Plant Quinn Thiele LLP

SHIFTING MAINTENANCE OBLIGATIONS TO TENANT

Residential Landlord and Tenant Law in Ontario, including under the current Residential Tenancies Act, has long held that a landlord is responsible for maintaining a property notwithstanding any lease terms to the contrary. The law provides that a term of a lease that is contrary to the provisions of the Residential Tenancies Act is void. In a legally significant development, the Ontario Superior of Court of Justice has held that a landlord may require a tenant, in a lease with that tenant, to maintain the property with respect to snow clearing and that such a clause is not void as against the provisions of the Tenant Protection Act (predecessor to Residential Tenancies Act) which places the maintenance burden on the landlord. The application of the principle of this case will be interesting to follow with respect to more general maintenance requirements within residential apartments. Is this the beginning of residential landlords being able to shift the burden of property maintenance to tenants as a condition of leasing to them? See Montgomery v. Van 2009 CarswellOnt 182. Michael K.E. Thiele, Ottawa Personal Injury Lawyers

Determining Earning Capacity for Accident Benefits

A recent Ontario Superior Court case has applied the test set out by the Ontario Court of Appeal in Miller v. Safeco to determine earning capacity and financial dependency of a claimant. The prior history of earnings may or may not provide an adequate basis for determining this. The determination is a factual issue and each case must be analyzed on its own particular facts. Todd K. Plant - Personal Injury Lawyers - Plant Quinn Thiele LLP - www.pqtlaw.com

Limitation Periods - Plant Quinn Thiele LLP - Ottawa Personal Injury and Accident Lawyers

Limitation Periods - Plant Quinn Thiele LLP - Ottawa Personal Injury and Accident Lawyers. ----> Did you know that the Ontario Limitations Act limits an injured person's right to sue if certain steps are not commenced within the prescribed time-line. Under the Ontario Limitations Act, court action must be commenced by certain specified dates, otherwise you lose your right to sue and claim damages. Don't let the limitation period run out on your case, consult one of our lawyers and determine what you need to do to protect your interests.

Marc-Nicholas Quinn, Personal Injury Lawyer, Mediator and Author - Limitation Periods - Plant Quinn Thiele LLP - Ottawa Personal Injury and Accident Lawyers - www.pqtlaw.com

Disclosure of Documents in Personal Injury Actions - Plant Quinn Thiele LLP - Ottawa Personal Injury Lawyers - www.pqtlaw.com

In Ontario, every person who commences or defends an action must swear and deliver to all parties an affidavit of documents listing all relevant documents. Relevance is interpreted very broadly and includes any document that has a "semblance of relevance". There are penalties for failing to make full and complete disclosure. If a party locates a new document that is relevant, it must be included in an updated affidavit of documents as soon as possible and the affidavit of documents, as updated, must be served on all other parties. Some documents are protected and need not be fully described (but must be disclosed) such as documents prepared in contemplation of litigation which are protected by litigation privilege or documents prepared and exchanged between solicitor and his own client which are protected by solicitor client privilege.

Marc-Nicholas Quinn, Lawyer, Mediator and Author, Plant Quinn Thiele LLP, Ottawa Personal Injury Lawyers - http://www.pqtlaw.com/