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Alysia Christiaen's Archive

Brain Injury Association presents Lerners LLP with 2016 Award of Excellence

On Friday, June 17, following its annual education conference, the Brain Injury Association of London and Region (BIALR) celebrated its 30th Anniversary at its annual general meeting. The BIALR provides support, advocacy and services to brain injury survivors and their families in the community. Donna Thomson, the BIALR Executive Director presented an award of excellence […]

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Laughter is the Best Medicine – Lerners raises money for Norfolk County Hospital

On Saturday, April 30, Lerners sponsored a fundraiser “Laughter is the Best Medicine” on behalf of the Norfolk General Hospital Foundation. The event was held at the Backstage Capitol in Delhi, and was hosted by Alysia Christiaen of Lerners LLP. The comedy group, Shut the Front Door Improv, which includes Norfolk native, Ryan Holden, entertained […]

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Chew v Munoz: failure to follow Rule 53.03 timelines prevented defence IME

A recent decision, Chew v Munoz et al, 2016 ONSC 1511, highlights the importance of requiring defendants to schedule independent medical examinations (IME) so that the reports will be served within the timelines mandated by the Rules of Civil Procedure. A failure to do so can result in the court refusing to order the plaintiff […]

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Scarlett and Belair Insurance Company Inc.: FSCO Arbitrator provides guidance on Minor Injury Guideline

In a recent FSCO arbitration decision, Scarlett and Belair Insurance Company Inc. (A12-001079), Arbitrator Wilson provides much needed guidance on the evidence that is required to take an insured out of the Minor Injury Guideline (MIG). Mr. Scarlett was injured in a motor vehicle accident on September 18, 2010. The Disability Certificate indicated that he sustained […]

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Preparing for Mediation: Where the Real Advocacy Begins

The importance of mediations as an effective tool in reaching a settlement cannot be stressed enough. A mediation provides counsel with a very unique opportunity. It is often the one time in the entire litigation process where you have the opportunity to discuss the claim, your client’s injuries, and the damages, directly with the decision […]

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Attempting to reconcile Kitchenham and Tanner: Practical considerations in obtaining productions protected by deemed and implied undertakings

The deemed undertaking and implied undertaking rules were created to protect the privacy interests of a party compelled to disclose information in a proceeding, and to foster full and frank disclosure. These objectives are achieved by deeming the receiving party to have given an undertaking to the court that it will not use the disclosed information for any collateral or ulterior purpose outside of the litigation.

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