Marinus Lamers's Archive

And Now For Something Completely Different: Graham Chapman 1941-1989, Catch phrase in Monty Python’s Flying Circus

One of the skills that I have always admired and enjoyed of a great advocate is the ability to spice up their argument with an apt quotation (no doubt a planned outpouring of spontaneous thought) that not only advances their argument, but, at the same time, engenders a sense of confidence and trust because the […]

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Unidentified, (Hit and Run), Uninsured and Underinsured Claims. What is an Accident Victim To Do?

Several weeks ago I arrived home to discover that the passenger door to my wife’s vehicle had suffered a noticeable scrape and dent. She denied any knowledge of how this damage occurred, and we concluded that she was the victim of a parking lot hit and run accident. Vehicle damage was appraised at approximately $1,200.00 […]

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Statutory Accident Benefits, The License Appeal Tribunal and Access to Justice

Our civil justice system is based on the fundamental principle that the process of adjudication must be fair and just. However this process is an illusion unless it is accessible to those whose rights have been violated. Accessibility involves a number of considerations including that the process must be affordable and proportionate. Unfortunately, the continued […]

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Insights from Licence Appeal Tribunal Decisions on Statutory Accident Benefit Issues

The Licence Appeal Tribunal has, as of October 12, 2016, issued nine decisions since it assumed jurisdiction to resolve statutory accident benefit disputes six months ago. Although the sample size is small these decisions may provide some insights regarding future proceedings. In Thompson v. Intact Insurance, File No. 16-000041/AABS, the Tribunal concluded that it had […]

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The Risks of Litigation

In pursuing litigation it is often a wise strategy to “spread the net” as broadly as possible and include, as defendants, every possible party who may be liable.  Not only does this approach provide greater opportunity, through the discovery process, to uncover the evidence necessary to establish one’s claim but also, in circumstances of joint […]

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Providing Notice to a Municipality for Sidewalk Falls

Although we are in the middle of a summer heat wave, a July 10, 2013 decision by Justice Johnston in Grant v The Corporation of the City of Kingston and Queen’s University, ONSC 4689 (CanLII) has caused me to consider legal issues regarding a claim for damages for personal injuries arising from a mid-winter slip […]

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Case Comment: Giuliani v. Halton Municipality

On December 21, 2011, the Ontario Court of Appeal released its decision in Giuliani v. The Regional Municipality of Halton. This decision provides a good overview of the general principles to be applied in cases of alleged non-repair of a roadway due to ice and snow, and is significant in that it reinforces the existence […]

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Transition To The New Statutory Accident Benefits Schedule – Effective September 1, 2010

The Financial Services Commission of Ontario has now issued Bulletin A – 04/10 the Transition Bulletin) addressing the transition rules for pre September 1, 1010 accident benefit claims under the Statutory Accident Benefits Schedule – Effective September 1, 2010. The purpose of the Transition Bulletin is to provide much needed clarification of the transition rules […]

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