If you’ve recently been let go, then you’re understandably going through a lot of mixed emotions. It can be a stressful, confusing, and uncertain time, and you will likely have a lot of questions about your rights, and the process moving forward.
When a plaintiff is successful in a lawsuit, they are generally entitled to prejudgment interest (PJI) on their damage award. Prejudgment interest is awarded on any damages incurred between the date the cause of action arose (or written notice of the action was given, if related to an MVA) to the date of the order for payment of money. The Ontario Court of Appeal has written that “[a]wards of pre-judgment interest are designed to recognize the impact of inflation and to provide relief to a successful litigant against the declining value of money between the date of entitlement to damages and the time when damages are awarded.” 1
The fact that access to justice is a problem is abundantly apparent to anyone involved in the legal system, be it judges or lawyers, plaintiffs or defendants or even common observers. Courts, Law Societies, Bar Associations and special interest groups among others are all trying to improve access to justice. Unfortunately, it is not a problem easily remedied.
Since starting to build my estate related practice, one of the common questions I get asked is how to organize assets to avoid probate fees or estate tax. The question has often come from the adult children of a parent that are wondering if mom or dad are being smart in their estate planning, as it is often these same children and their siblings that are the beneficiaries of their parent’s estate.
In November, 2015 the Supreme Court of Canada ruled that a section of the Highway 407 Act was unconstitutional.
The 407 Act allowed the 407 ETR Concession Company to suspend the vehicle permits of people with unpaid toll debts, even after they had declared bankruptcy.
The 407 Company appealed to the Supreme Court after the Ontario Court of Appeal struck down the vehicle permit suspension powers in the 407 Act in December, 2013.
In Fonseca v. Hansen et al, released April 26, 2016, the Court of Appeal has provided further clarification on what type of communication is appropriate between counsel and an expert witness. One of the questions on appeal was whether the trial judge erred by failing to instruct the jury that pre-trial communication between the appellant’s counsel and an expert witness was not a proper basis on which to reject the expert’s testimony.
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