Legal ruling on long-term disability benefits

Important B.C. Case Decides Working Through A Disability Should Not Affect Entitlement To Long-Term Disability Benefits

An important long-term disability case out of B.C. clarifies when a disabled worker will be entitled to disability benefits and answers a number of difficult questions. In the case of Tanious v. Empire Life, 2016 BCSC 110, Justice Brown ruled that just because Ms. Tanious continued to work with her disability, does not mean that she is not entitled to long-term disability benefits. The key issue is the person’s medical condition. As Justice Brown states in his judgment, “…it is the Plaintiff’s medical condition, not whether they are working at the time, which determines to what extent the claimant is disabled.”.

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Sports Injuries are common in winter sports such as ice hockey

When You are Hurt Playing Sports Can You Sue?

Hockey is ubiquitous in Canada and sacred to many Canadians. Adult recreational leagues are in every community of every size. I have played hockey since I was five years old and only stopped a couple of years ago when I was forty-three due the time constraints of being a lawyer and having a young family. But what happens if you are injured in a recreational hockey game due to the conduct of another player, can you sue for your injuries? The short answer is yes. But the devil is in the details. Justice Sally Gomery recently reviewed the law on sporting injuries in the case of Casterton v. MacIsaac, 2020 ONSC 190 (CanLII).

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Expert Witness

The Critical Importance of Expert Witnesses in Medical Malpractice Cases

Practicing medical malpractice law in Canada is fraught with risk. Interestingly, medical doctors in Canada, for the most part, are not insured in the traditional sense. Rather, they are part of the Canadian Medical Protective Association (CMPA) that acts similar to an insurer. That is, if a medical doctor is sued, the CMPA will invariably defend the medical doctor and in rare cases pay a settlement to the injured plaintiffs. If the plaintiff succeeds at trial, the CMPA pays the damages on behalf of the medical doctor. The complicated funding of the CMPA is best left to another post on its own. For now, I want to highlight how risky these cases are and the need for highly qualified and appropriate expert witnesses.

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Journalists Don’t Have to Disclose Confidential Sources, but There is a Catch

We all hear about ‘fake news’. The Supreme Court of Canada (the Court) has weighed in on the issue and journalists’ credibility. The recent decision, penned by Chief Justice Richard Wagner, affirmed Parliament’s recent reversal of the burden of proof for journalists ordered to reveal the identity of their confidential sources. The law has essentially shifted from a presumption of disclosure of the source to a presumption of non-disclosure. You can read the full decision here: Denis v. Côté, 2019 SCC 44.

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The Medical Legal Expert

I represent injured and disabled people in legal cases. A necessary part of any legal action involving an injured person is the medical legal expert. These are doctors and other medical professionals who provide expert evidence about an injured person’s impairments, limitations, cause of impairments and future prognosis. Medical legal experts are paid privately and not through OHIP or some other government funding.

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Are Women Less Safe in a Car Crash?

It turns out that vehicle safety might be different for men and women. A recent CBC News article centred on research showing that women are 73% more likely than men to suffer serious or fatal injuries in car collisions. On its own, this is concerning enough, but perhaps more concerning is the reason why.

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Introducing Legal Talk with Bonn Law

Introducing Legal Talk with Bonn Law on CJBQ, sponsored by McDougall Insurance & Financial.

Tune in every Monday night, starting August 19th, 2019, from 7:00 pm to 8:00 pm on 800 am CJBQ. Stream online at www.cjbq.com or listen from your smartphone anywhere. 

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