Marc Nicholas Quinn
Ottawa Injury Lawyer
Category Archives: ottawa injury trial lawyers
Defence Medical Examinations – Ottawa accident and injury lawyers provide recent case analysis
Defence Medical Examinations and Obligations In the recent case of Nikolakakos v. Hoque, 2015 ONSC 4738, the Court addressed the issue of whether the defendant had to provide the plaintiff with a copy of their instruction letter to their medical examiner who was scheduled to examine the plaintiff, prior to the examination taking place. In court actions, where the physical or mental condition of a party is in question, a party can seek the medical examination of the other party. Rule 33.01 of the Rules of Civil procedure states: A motion by an adverse party for an order under section 105 of the Courts of Justice Act for the physical or mental examination of a party whose physical or mental condition is in question in a proceeding shall …
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 …