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Category Archives: truck lawyer Ottawa

slip and falls

Car Accidents – Income Losses and Disability Benefits – How does it work?

In the recent case of Mazzucco et al. v. Herer et al, 2015 ONSC 7083, the Court analyzed the law in respect of deductions and set offs between disability benefits such as Canada Pension Plan (CPP) benefits and Long Term Disability (LTD) benefits and Income Loss damages where a disabled person received both. This case involved an injury victim seeking damages arising from medical malpractice. The Court decided on how deductions are applied when the injury victim receives both CPP and LTD benefits from past and future income loss. In this case, Mr. Justice Skarica stated that the following were existing legal principles in Ontario: Negligence damages are measured by actual loss. While there are some exceptions, “double recovery” is not awarded. One exception to the prohibition on …

What is the role of a judge in an Ottawa personal injury or accident case or trial?

The Role of the Judge in a Court Proceeding   At trial, the Judge (or juries as the case may be) decides who wins and who losses a personal injury action. The primary role of a Judge is to act as the trier of fact. However, before trial, Judges also ensure that parties obey the rules of civil procedure, ensuring that all parties fairly follow the correct procedural steps. If the rules of procedure are abused, this may confer an unfair advantage on a party behaving sharply. Sometimes, a judge may interpret and apply the procedural rules in such a way so as to ensure that a matter moves along swiftly, fairly and efficiently. This is called judicial discretion. Judges help ensure the rules are followed As explained …