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Category Archives: Blog

Who bears the onus of proof in personal injury actions? Ottawa accident and injury lawyer summarizes onus principle.

Broadly speaking, is the plaintiff bears the burden of proving the elements of their case. Having said that, on some specific issues, the defendant may have the burden of producing evidence. In civil cases such as personal injury actions the burden of proof is on the plaintiff to prove each element of their case on a balance of probabilities. The concept of the burden of proof can be complicated and difficult to understand as a legal principle. Essentially, the burden of proof covers two main notions, the burden of producing evidence and the burden of persuasion. In terms of producing evidence, the plaintiff has the responsibility of providing sufficient evidence to prove that a fact exists. The plaintiff has the responsibility of providing sufficient evidence to prove that …

Personal Injury and Managing Expectations With Respect to Damages

How much is your Ottawa injury case worth?   In Canada the most an injured person can receive for pain and suffering is capped by the case law at about $320,000 ( as of 2014). When injured, your right to claim compensation for your injuries lies in what is called “tort” law principles. Essentially, it is the right to receive fair and equitable compensation from the person or persons that caused you harm. Pain and suffering claims are referred to as “tort” claims. These types of claims are meant to compensate an injured person for various types of damages such as loss of income, medical treatment, rehabilitation costs, out of pocket expenses, business losses and pain and suffering (often called general damages). People in Canada often hear about …