Treating Doctor’s Opinion – update

The great decision by the Ontario Appeal Court in Westerhof v. Gee Estate, 2015 ONCA 206 was appealed to the Supreme Court of Canada (SCC) and a decision was rendered. In that Ontario Appeal Court decision, the Justices unanimously disagreed with the lower courts and determined that treatment providers actively involved in the care and treatment of…


AAA debunks “hands-free is safe” theory

A recent follow-up study commissioned by the American Automobile Association concludes that hands-free technology does not decrease distracted driving. The study found that drivers continued to be distracted 27 seconds after the interaction ended. If a person was driving at 40 km/hr he would drive the length of more than three football fields in that time….


Happy Thanksgiving – stay safe!

Thanksgiving weekend is upon us and many will be travelling on our highways as we spend the time visiting friends and family. For some of us the visits will include having a drink (or two) so please make appropriate arrangements – this weekend has brought us much tragedy in the past. And remember, there are…


The Duty to Accommodate

The duty to accommodate is constantly evolving. Here is a nice summary on the law to date for certain issues dealing with family status, gender identity, age discrimination and religious belief by Sheldon Gordon. http://ow.ly/Sv6UB As always though, you should consult a lawyer for advice dealing with matters specific to your situation.


Time to ask witnesses if they practice mindfulness?

A study out of the University of California suggests that “mindfulness” may implant false memories. If peer reviews verify the findings this would add one more hurdle to credibility determinations – witnesses who are being honest and forthcoming would be testifying to facts that may have never happened. http://www.telegraph.co.uk/news/science/science-news/11855103/How-mindfulness-plays-havoc-with-memory.html


Welcome News for British Columbia Families

As of September 1, 2015 BC families who are on income or disability assistance will no longer have their child support payments deducted from their assistance income.  This is great news and a positive step forward towards supporting BC children.


Real Estate Contracts – Have your lawyer review it!

In the course of our practice, we continually see buyers of properties come to our office after they have signed the Contract of Purchase and Sale and it has been accepted by the seller.  By the time we see the contract it is often too late for the buyer to “fix” it or back out of…


Treating doctor’s opinion

What a great decision by an Ontario Appeal Court…Westerhof v. Gee Estate, 2015 ONCA 206. Expert opinions from treatment providers actively involved in the care and treatment of an injured plaintiff can provide that opinion without obligating the treatment provider to write a thorough expert report.


Limitation Periods and Demand Loans

Holders of promissory notes that are payable on demand should review the terms of those notes.  On December 22, 2014 the Appeal Court of British Columbia decided that the limitation period on a lender’s right to sue on a promissory note made prior to the June 01, 2013 that is payable on demand begins to…