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Category Archives: falls lawyer

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 …

What happens if your Ottawa personal injury action is dismissed administratively by the Court? Is it the end of the road?

In a recent case decided by the Divisional Court, the issue of administrative dismissals was addressed. In MDM Plastics Limited v. Vincor International Inc., 2015 ONCA 28, the Plaintiff’s case was dismissed by order of the Court registrar for a second time. While this case was not related to a personal injury matter per se, the decision nevertheless applies to personal injury actions in Ottawa and throughout Ontario. The plaintiff’s court action was dismissed once by the court registrar for delay pursuant to Rule 48.14(4) of the Rules of Civil Procedure. The plaintiff acted quickly and obtained the consent of the defendant to an order setting aside the dismissal order. However, several months later, the action was again dismissed administratively by the registrar on the basis of delay. …