DAMAGES, INTEREST AND COSTS IN CANADA

Size: px
Start display at page:

Download "DAMAGES, INTEREST AND COSTS IN CANADA"

Transcription

1 DAMAGES, INTEREST AND COSTS IN CANADA By Marc D. Isaacs I. INTRODUCTION The subject of damages, interest and costs is far too extensive a topic to adequately cover in any one conference paper. Entire books and chapters of learned treaties have been devoted to the subject. This is an attempt at only a thumbnail sketch. The basic principle of Canadian law of damages is restitutio in integrum, or the principle that the plaintiff should be put into the position that it otherwise would have been in, had the breach of contract or the tort not occurred. Surrounding this general principle are numerous other rules that relate to the ability to prove or restrict the amount of damages which are recoverable. The plaintiff's loss must not only be provable in terms of causation and quantum, but it also must be a direct and foreseeable consequence of the defendant's actions. The plaintiff is also obligated to act reasonably to mitigate its loss. Apart from the rules relating to the quantification of damages, there are also restrictions on the amounts that claimants may recover. These restrictions include statutory limits for certain types of claims (for example, auto injury claims in certain Provinces), Court imposed limits on certain types of damages or a "cap" and package limitation in transportation law under certain Conventions such as the Hague-Visby Rules (marine) or the Warsaw Convention (air). In addition to the monetary award for damages, claimants are also generally entitled to pre-judgment interest on their damages as well as some compensation for the legal expenses incurred in prosecuting a claim, known as "costs". Partner, Strathy & Isaacs, Toronto, Ontario.

2 This paper will endeavour to briefly touch upon two of the most common types of claim faced in the transportation industry, being claims for third party liability, such as personal injury claims, and cargo damage claims. The claims of workers in the transportation industries are not included, as those claims, for the most part are governed by provincial workers' compensation regimes. II. PERSONAL INJURY CLAIMS Personal injury claims are a source of an increasingly significant amount of litigation and damage awards are becoming increasingly larger as counsel become more sophisticated in presenting both the breadth and the depth of the damages sustained by injured plaintiffs. The Courts have seen a recent trend in the ability of counsel on behalf of plaintiffs to present claims in a more sympathetic and persuasive fashion. This has increased the overall value of the claims as well as the heads of damages which are being sought, particularly in those claims previously considered only to be non-pecuniary are now being viewed and compensated in a pecuniary light. A) Non-Pecuniary General Damages Non-Pecuniary General Damages are those damages which are awarded by the Court for the intangible losses suffered by the victims of a tortfeasor. These are referred to as "non-pecuniary" in the sense that while monetary compensation is awarded, it is compensation for losses which do not have a financial calculation or source (i.e. pain and suffering, loss amenity of life etc.). These damages are also referred to as "general" damages in that they require a judicial assessment of their value. This is in distinction to "special" damage claims which have a known quantified amount (i.e. a medical bill). The Non-Pecuniary General Damages are only one of the overall aspects of the personal injury damages award. In contrast to many American jurisdictions, Canadian Courts have not traditionally awarded significant sums on account of Non-Pecuniary General Damages. Generally, the 2

3 awards for Non-Pecuniary General Damages are low, with the upper end of these damages, in the worst and most severe injury cases, being in the range of $300, The Supreme Court of Canada, in 1978, put a "cap" or "upper limit" on Non Pecuniary General Damages of $100, (Actuarial evidence is used to determine the present value of $100, in 1978 dollars to a modern equivalent roughly in the range of $300,000.00). The Supreme Court of Canada has recognized that no amount of compensation can provide "true restitution" and that the monetary evaluation of nonpecuniary losses is a "philosophical and policy exercise more than a legal or logical one" 2. The Supreme Court did leave open a small window for damages to exceed the "upper limit" in "exceptional circumstances" 3, although there have been very few cases which have successfully gone beyond the so-called upper limit. The award for non-pecuniary general damages covers all factors such as pain and suffering, loss amenities of life, loss of expectation of life and the other non-financial effects that a personal injury may have on an individual. The other components of the damage award are on account of pecuniary losses. Arguably, because of the aforementioned "cap" on Non Pecuniary General Damages, and the creativity of counsel, the Courts have been more receptive to evidence in support of financial losses. B) Special Damages Special damages are typically the expenses incurred by the injured victim, which are actual out-of-pocket incurred expenses or losses. These would include such things as medical expenses, transportation expenses to therapy appointments or other direct capital outlays. These claims are easily quantifiable as the claimant can produce a receipt or documentation in support of these claims. These claims require no judicial interpretation or assessment as to their quantum. While there may be argument as to the necessity of the expenses or the reasonableness of the cost, the expenses are prima facie recoverable once proven to relate to the loss. 1 Andrews v. Grand & Toy Alberta Ltd., [1978] 2 S.C.R Ibid. 3 Ibid. 3

4 C) Loss of Income Claims Loss of income claims are typically divided into past and future loss of income. Loss of income claims are also sometimes referred to as "special damages" claims, however, that term is only really applicable to a past loss of income claim that is easily provable and quantifiable. Most past loss of income claims require a judicial assessment as to whether the loss of income was a result of the injury sustained and the extent of the past loss of income. As well, a future loss of income claim requires a judicial assessment or prediction as to the amount of loss that the plaintiff is likely to incur into the future. Typically, loss of income claims are proven through the use of Income Tax Returns, confirmation of employment and income from employers and business records in the case of the self employed individual. Frequently, there a cases of individuals claiming amounts for loss of income which has not been reported on their Income Tax Returns, for various reasons. It remains open to a Court to determine the individual's actual preaccident income and the loss that they sustained. The failure of a plaintiff to income taxes is a matter of credibility when assessing the quantum of pre-accident income. In cases where the Tax Returns are incomplete or inaccurate, creative counsel have been able to prove the claims by way of bank records as well as reconstructing an individual's monthly expenses and by using statistical information as to cost of living and average income of various occupations. Future loss of income, like all future losses, do not have to be proven to an absolute certainty. Future losses, whether it be loss of income or medical expenses, can be proven by the plaintiff on the balance of probabilities that there is a "real and substantial risk or possibility" 4 of the loss being incurred. A Court will exclude from consideration remote, fanciful or speculative possibilities but once the plaintiff establishes that there is a real and substantial possibility that they will incur a future loss, it becomes compensable. The quantum of damages may be discounted on account of risk factors or contingencies which make the future possibility less likely to occur. 4 Schrump v. Koot, (1977), 18 O.R. (2d) 337, (C.A.). 4

5 D) Future losses and Present Value Future losses are also subject to a present value determination. This serves to reduce the overall lump sum award for which a defendant may be liable. Typically, the defendants will retain an actuary or economist to give opinion evidence as to the present value factor or multiplier of a future damage award. Some Provinces, such as Ontario, have a stipulated "discount rate" 5 to be used when calculating the value of future awards, making it a relatively straightforward mathematical exercise. In any event, the present value of future losses is a matter to be proven by expert evidence and is routine in large loss cases. E) Health Care Expenses In Canada, health care is subject to nationalized health insurance provided by the Provincial Governments. In injury cases, the Provincial health care provider may have a subrogated claim and be entitled to claim for the cost of health care expenses incurred by the plaintiff. This also includes claims for anticipated future health care expenses which may be incurred by the Government funded system. The extent of the Provincial health care insurers' rights will vary depending on the Provincial legislation. In Ontario, for example, the Ontario Ministry of Health does not have a subrogated claim in most motor vehicle accidents. In other cases, where the provincial Ministry does have the right to advance a subrogated claim, any settlement of the plaintiff's claim would not be binding on the Ministry of Health without its consent 6. In other words, the unwary defence counsel can settle a claim with an injured plaintiff and the tortfeasor can later be subject to a further claim directly from the Ministry of Health for health care expenses. In major catastrophic loss cases the Ministry will also claim for future anticipated health care costs. The Ministry also has the right, and occasionally exercises it, to appoint its own counsel for its interests. The injury claimant will also seek future anticipated costs, on a present value basis, of those expenses not covered by the provincial health insurance. 5 Ontario Rules of Civil Procedure, Rule Health Insurance Act, R.S.O c. H-6, s.34. 5

6 This, along with future loss of income, can often form the largest part of an overall damage award. F) Other Types of Losses The heads of damages for which compensation is available is not closed and is only as limited as counsel's imagination. In recent years there has been a trend for the Courts to be more willing to accept economic evidence and consider claims which were previously considered only in the non-pecuniary realm to be pecuniary claims. Arguably, this is a result of two driving factors, being the Supreme Court's upper limit on the availability of Non-Pecuniary General Damages as well as the improved ability of lawyers representing plaintiffs to consider and present claims in a pecuniary fashion. Two of the increasingly frequent examples are damages for "loss of competitive advantage" and "loss of opportunity for an inter-dependent relationship" 7. Both can be construed in a nonpecuniary way, however, in their pecuniary form these damages become compensable apart from the "cap". A claim for loss of competitive advantage is based on the theory that the injured plaintiff who returns to work is now limited in their ability to earn income, although not in a mathematically calculable way. For example, a plaintiff that returns to work in a parttime capacity will be able to prove a distinct future loss of income claim based on a reduced number of hours over a remaining work life expectancy. However, those that return to the workforce on a full-time or near full-time basis may not be as able to prove a future loss of income claim. In the loss of competitive advantage theory, it is argued that the plaintiff is no longer the "eager go-getter" or is viewed somehow as "damaged goods" in the employment marketplace. This in turn equates to the inability of the plaintiff to receive promotions and pay raises, makes him/her more vulnerable to layoffs and periods of unemployment which in turn translates to some form of economic loss in the course of his/her remaining lifetime. The Courts have been prepared to accept such theories, when backed with appropriate evidence, usually from economists. The damages are not made 7 See e.g. Walker v. Ritchie, [2005] O.J. No. 1600, (C.A.). 6

7 in a mathematically calculated way like a future loss of income claim, but is a lump sum similar to non-pecuniary damages. Just as the Courts are compensating for the immeasurable pain and suffering, the Courts are also compensating for the immeasurable detrimental effects that the injury has on the ability to earn an income. The next emerging area of personal injury damages is the "loss of opportunity for interdependent relationship", previously known as "loss of marriageability". This is the theory that reflects the concept that a catastrophically injured person is less likely to have a life partner/spouse compared to a non-injured person. This claim is typically only presented in the very severe catastrophic injury cases. There are plenty of experts that can provide the statistical foundation for the theory that a severely injured person is unlikely to have a long-term life partner relationship. The lost enjoyment of having a long-term relationship is a non-pecuniary loss, which is compensated for within the rubric of the Non-Pecuniary General Damages. However, Canadian courts are prepared to take the next step to a pecuniary claim associated with the loss of an interdependent relationship. There are economic experts that will testify that the cost of living as a single person is more expensive than living as a couple. Couples in inter-dependent relationship are able to share the costs of housing, food, transportation and other basic expenses. Because the plaintiff has lost the opportunity to have an inter-dependent relationship, they will incur more basic ordinary living expenses over their remaining lifetime. This is considered to be a result of the tort feasor's actions and the Courts are willing to award a lump sum as this amount cannot be quantified with exact precision. G) Limitation of Damages There are certain instances where the damages to which a plaintiff may be entitled are limited or reduced. One notable example is the "cap" on Non Pecuniary General Damages as indicated above. However, that is not so much a limitation on the recoverability of damages as it is the law relating to the quantification of damages. As for the limitation on the recovery of damages, some Provinces have statutes which restrict recovery in certain cases. A clear example is the Province of Ontario which severely 7

8 limits the amounts that plaintiffs can recover in automobile accidents. This includes truck transportation accidents. The Province of Quebec also has a strict "no fault" regime which eliminates tort suits in motor vehicle accidents. Motor vehicle law is a subject unique to each Province and is a very in depth subject matter within each Province. In marine accidents there is an overall limit on the recoverability of personal injury damages, depending on the size of the vessel involved. In 1998 Canada gave effect to the 1976 London Convention on the Limitation of Liability for Maritime Claims as part of its national law. The Convention is now part of Canada's Marine Liability Act 8. This permits the owners and operators of a vessel to limit its liability based on the tonnage of the vessel. The Supreme Court of Canada has held that pleasure craft operating on inland waters, whether connected to a body of water used for international shipping, or not, is governed by Federal maritime law and includes the limitation of liability provisions 9. In addition to inland waterways and pleasure craft being subject to the 1976 Limitation of Liability Convention, Canada has also enacted a fixed limitation of liability for vessels of less than 300 gross tons. This includes the vast majority of pleasure craft. The maximum liability of an owner and operator of a vessel less than 300 tons is $1,000,000.00, except where the act is committed "with intent to cause such loss or recklessly and with knowledge that such loss would probably result" 10. This limitation includes all claims arising out of a single incident, regardless of the number of claimants or the quantum of their provable damages. In a multiple severe injury scenario, which is not uncommon in a pleasure craft collision, the $1,000, limit can be vastly inadequate to meet all claims. With respect to the liability for fare paying passengers on commercial vessels, Canada has enacted the Athens Convention relating to the Carriage of Passengers and their 8 S.C. 2001, c.6. 9 Whitbread v. Walley, [1990] 3 S.C.R Convention on the Limitation of Liability for Maritime Claims, Article 4; found in Schedule I to the Marine Liability Act. 8

9 Luggage by Sea, 1974 which limits liability for death or personal injury to 175,000 Special Drawing Rights with the International Monetary Fund per passenger 11. III. CARGO DAMAGE A) General Rule The principle of restitutio in integrum is the general rule for the measurement of damages in the cases of cargo loss 12. This is also subject to other rules relating to recoverability of damages, the duty to take reasonable steps to mitigate losses and limitation of liability provisions in transportation contracts and relevant statutes. In general, only those damages that are direct and foreseeable as a result of the breach of contract to carry the cargo or the negligence in the handling of the cargo are recoverable. Canadian law applies the propositions laid down in the historic case of Hadley v. Baxendale 13. To be recoverable, damages must either arise naturally from the breach of contract, or in other words, those damages which a carrier would know or should reasonably be expected to know would arise from the breach of contract or be the result from some special circumstance peculiar to the cargo interests, and which was communicated to the carrier at the time of the contract. If there are special or extraordinary circumstances that the cargo interest will suffer should the contract of carriage be breached (i.e. the loss of a particular market or an extraordinary downtime to a factory while it waits for a part) and those circumstances are not communicated to the carrier, they would not be considered to be naturally arising or a direct and foreseeable result at the time that the contract was made. Thus, if the cargo must be delivered by a certain time to meet a certain market, then that must be expressly communicated to the carrier for exceptional damages arising out of a delay to be properly recoverable. In theory, this would give the carrier the option of either choosing to decline to carry the cargo or accepting it for a higher fee. 11 This currently equates to approximately $287, CDN. 12 William Tetley, Marine Cargo Claims, 3rd Ed., Blais Publications 1988, Chapter (1854), 9 Ex. C. 341, referred to in Tetley, op. cit. 9

10 With respect to physical damage to the cargo itself, the object of the quantification of damages is to put the claimant back into a position, financially, that it would have been in before the loss occurred. The most commonly employed method of determining damages is to take the Arrived Sound Market Value of the goods at the time in which they should have been delivered and deduct the Arrived Damaged Market Value of the goods on their arrival 14. Again, this is a basic rule, with numerous exceptions and nuances to make the damages fit into the basic proposition of making the plaintiff whole without generating a windfall. For example, if the cargo can be repaired, then the repair costs, assuming they do not outweigh the value of the cargo, would be the proper measure of damages. The Courts have also held that where a cargo which is completely lost is easily replaceable, then the damages will include the cost of replacing the cargo, but only one element of profit by the shipper is recoverable. In other words, the shipper may ship two sets of the cargo, (the one which becomes originally lost and then one to replace it), but is only entitled to the profit margin of one shipment 15. The damages would be the cost of production for 2 shipments, shipping and handling for 2 shipments, but profit for one, only. This makes logical sense as that is all the shipper would have received had the loss not occurred. B) Freight, Taxes and Other Expenses In addition to the value of the cargo which is actually lost, the value of lost freight on goods not delivered as well as customs duties, taxes and other expenses are recoverable. It is common to also include claims for survey expenses and salvage advice as heads of damage in the cargo claim since these expenses would not have been incurred but for the breach of contract or the negligence in handling the cargo. At the same time, any salvage or recovery must be deducted for the credit of the carrier. 14 Redpath Industries Ltd. v. The Cisco, [1992] F.C.J. No. 526 aff d [1994] 2 F.C Connaught Laboratories Ltd. v. British Airways, [2004] O.J. No

11 C) Delay Generally, where the cargo is not physically damaged, but is only delayed in the delivery to the consignee, then a loss of market type claim is only recoverable if there was a specific undertaking to deliver the cargo by a certain date or if the carrier knew or was expected to know the circumstances of the delay, as per the rules in Hadley v. Baxendale. Other losses, such as the loss of business and reputation are also only recoverable pursuant to the rules of Hadley v. Baxendale, meaning that it such consequences must be known to the carrier or within the reasonable expectation of the carrier at the time of contracting. More interesting questions arise when the cargo is damaged and can be sold for salvage, but such sale is prohibited due to commercial reasons, such as exclusive distributor arrangements. What then becomes the true measure of the plaintiff s loss? D) Limitation of Liability The recoverability of damages will also be subject to any provisions in the transportation contract limiting the carrier's liability. In Canada, there are statutory limitation of liability amounts for truck, sea and air carriage. With respect to truck transportation, the Carriage of Goods Regulation 16 under Ontario s Highway Traffic Act 17 (which were formerly part of the Truck Transportation Act) limit the liability of a truck carrier to $2.00 per pound on the total weight of the cargo carried. (Other provinces have similar legislation). There is some case law which suggests that if the motor carrier fails to issue a bill of lading which properly conforms to the requirements of the statute, then it cannot rely on the limitation of liability 18. Likewise, there are cases which suggest that if all parties to the transaction are sophisticated commercial parties familiar in transportation contracts, then the carrier may rely on the 16 O.Reg. 643/ R.S.O. 1990, c. H See e.g. Corcoran v. Ehrlick Transport Limited (1984), 46 O.R. (2d) 225 (C.A.) and Vandenbrink Farm Equipment Inc. v. Double-D Transport Inc., [1999] O.J. No (S.C.J).. 11

12 limitation in any event 19. The latter point makes reasonable commercial sense based on the expectation of the parties at the time of contracting. It would be opportunistic for a cargo interest (usually an insurer) to recover significantly more than what it may otherwise be entitled to because of a minor document failure, when the reality is that all parties had an expectation of the limitation of liability in the first place. While in a true commercial setting the courts seem to have a greater willingness to uphold a limitation of liability, there have also been cases where the courts will not enforce a limitation. The trend in these cases is appears to lean towards the homeowner or inexperienced shipper who does not regularly deal in transportation contracts 20 when seeking to avoid their harsh effects. The Ontario Court has developed a line of authority to avoid limitation where the limitation of liability is found to be "unconscionable" 21. The definition of "unconscionable" is impossible to define with precision although the Courts will generally be looking for something which is fundamental to the expectations of the parties. For example, where the owners of household goods were assured that their property would be kept secure at all times, but the goods were stolen when the trailer was left out unsecured and unsupervised on a city street, and was subsequently stolen, the Courts found the reliance on the limitation of liability to be "unconscionable". Likewise, the Courts have been willing to not apply limitation of liability provisions in cases of theft of the cargo by the carrier or its employees 22. This is also a reasonable exception to limitation only the carrier can control the actions of its employees and the shipper is obligated to trust the carrier in the selection of its employees. Furthermore, the carrier should properly bear the risk of an internal theft, not an innocent shipper. With respect to marine transportation, Canada has adopted the Hague-Visby Rules into its national legislation (the Marine Liability Act) and cargo damage is subject to the limitation of liability regime set out therein. Cargo claims are also subject to the 19 M.A.N. B&W Diesel v. Kingsway Transports Ltd. (1997), 33 O.R. (3d) e.g. Solway v. Davis Moving & Storage (2002), 62 O.R. (3d) 522 (C.A.), or Corcoran, above cited, which dealt, respectively, with a shipment of household personal effects and show horse purchased by a man unfamiliar with shipping goods. 21 See Solway. 22 Punch v. Savoy s Jeweler s Ltd. (1986), 54 O.R. (2d) 383 (C.A.) and Davis v. Robertson, [2000] O.J. No (SCJ). 12

13 numerous rules of liability and carrier exoneration of that convention, before the issue of damages arises. Assuming a carrier is liable, the Hauge-Visby Rules restricts the cargo claimant to a package limitation of 2 S.D.R. s per kilogram of damaged goods or S.D.R. s per package or shipping unit 23. In terms of international carriage of goods by air, Canada s governing legislation is the Carriage by Air Act 24. This statute adopts the Warsaw Convention with respect to the carriage of goods and damage claims. Article 22(2) of that Convention limits the carrier s liability to the sum of 250 Francs per Kilogram, which after conversion into S.D.R. s, amounts to S.D.R. s per kilo or $27.19 (CDN) per Kilogram. Article 25 of the Convention denies the carrier the ability to relay on the limitation where the loss is the result of the carrier s willful misconduct. IV. PUNITIVE DAMAGES Punitive damages are not a common and regularly awarded head of damages under Canadian law. The Canadian Supreme Court has considered punitive damages and has held that in order for an award of punitive damages to be made, the conduct in question must form an "independent actionable wrong" 25. This is not to mean that it requires an independent tort, but it can be a breach of a distinct and separate contractual provision or other duties such as a fiduciary obligation 26. The Supreme Court of Canada has held that punitive damages are the exception rather than the rule; should only be imposed where there has been highhanded, malicious, arbitrary or highly reprehensible misconduct that departs to a marked degree from ordinary standards of decent behaviour; should be reasonably proportionate to the harm caused and the degree of misconduct and several other factors which limit the availability and the amount of punitive damages to be 23 At current rates an S.D.R. is worth $1.64 CDN or $1.48 USD, This means that the carrier s liability is limited to $3.28 (CDN) per kilogram or $1.49 per pound. Alternatively this amounts to $ (CDN) per package. 24 R.S.C. 1985, C Vorvis v. Insurance Corporation of British Columbia, [1989] 1 S.C.R Whiten v. Pilot Insurance Company, [2002] 1 S.C.R

14 awarded 27. Most commonly, the issue of punitive damages arises in first party insurance litigation where an insured person is suing his/her insurer over the denial of a claim. The insured will allege that the insurance company acted in "bad faith" when evaluating and denying the insured's claim. There have been very limited incidents of punitive damages being awarded in a tort/negligence context. When punitive damages are awarded in a tort context, generally it is in connection with an intentional tort such as an assault or similar morally reprehensible conduct. V. INTEREST In addition to compensatory damages, a claimant is entitled to pre-judgment interest as a part of the overall award of damages following a trial. Interest actually comes in two forms, pre-judgment and post-judgment interest. The Provincial statutes governing the Court proceedings in each Province provide for pre-judgment interest, usually setting a specified rate per quarter. The amount (both in terms of the length of time) and the percentage of the pre-judgment interest that can be awarded also remains in the discretion of the Court. In Ontario, Non Pecuniary General Damages receive a fixed 5% prejudgment interest rate. Damages other than Non Pecuniary General Damages are subject to a rate which is usually reflective of prevailing commercial interest rates and are set in the Rules of Civil Procedure and published each quarter. Pre-judgment interest typically runs from one of three points in time: being the date when the claim arose; the date in which notice of intention to sue was given by the plaintiff; or the date that the Statement of Claim was served. In most personal injury cases, prejudgment interest runs from the date that the accident occurred or the particular expense was incurred for special damages. With respect to cargo claims, pre-judgment interest generally runs from the date of delivery or intended delivery if the cargo was lost. As a matter of Canadian Admiralty law pre-judgment interest is part of overall compensatory 27 Whiten, supra at paragraph

15 damages in an effort to make the claimant whole. The pre-judgment interest forms part of the overall amount that is subject to limitation of liability, when applicable. VI. COSTS Canada maintains the English costs rule, meaning that the successful party is entitled to its reimbursement of some of its legal expenses incurred at the conclusion of the litigation. Costs are also awarded at various interlocutory steps, such as after a motion. Costs always remain in the discretion of the Court and can be awarded or denied to a party based on their conduct in the course of the litigation. Costs are broken down into two scales, one being partial indemnity costs (also previously known as party and party costs) and the other being substantial indemnity costs or (also previously known as solicitor and client costs). The various Provincal Courts as well as the Federal Court of Canada have established "tariffs" which are guidelines for those steps in a lawsuit which attract costs and the amount of costs that can be awarded. Typically, costs follow the event, meaning that if a party is successful at trial or in another pre-trial procedure, they will receive their costs. In most jurisdictions, the failure to accept an offer to settle, which turns out to be as or more favourable than the outcome of a hearing or trial, will result in the party being denied a portion of its costs or having to pay costs on a higher scale, as the case may be. With the increasing cost of litigation generally, the issue of costs, and whether offers to settle should be accepted in light of a potential costs award can often drive settlement decisions. 15

CAR ACCIDENT GUIDE TABLE OF CONTENTS

CAR ACCIDENT GUIDE TABLE OF CONTENTS CAR ACCIDENT GUIDE TABLE OF CONTENTS Page Introduction... 1 First Step... 1 Finding and Hiring a Lawyer... 1 Financial Arrangements... 2 Your Claim... 3 Documenting Your Claim... 5 Parties to the Claim...

More information

CHAPTER 16 THIRD PARTY / OUT-OF-PROVINCE CLAIMS

CHAPTER 16 THIRD PARTY / OUT-OF-PROVINCE CLAIMS CHAPTER 16 THIRD PARTY / OUT-OF-PROVINCE CLAIMS #110.00 INTRODUCTION A worker who suffers injury or disease as a result of employment may be entitled to compensation from sources other than the Workers

More information

Giaschi & Margolis BARRISTERS AND SOLICITORS

Giaschi & Margolis BARRISTERS AND SOLICITORS Giaschi & Margolis BARRISTERS AND SOLICITORS 401-815 Hornby Street Telephone (604) 681-2866 Vancouver, B.C. Facsimile (604) 681-4260 V6Z 2E6 Email: giaschi@admiraltylaw.com CANADA Internet: www.admiraltylaw.com

More information

Concerning the Cap on Pain and Suffering Awards for Minor Injuries

Concerning the Cap on Pain and Suffering Awards for Minor Injuries Discussion Paper Concerning the Cap on Pain and Suffering Awards for Minor Injuries Office of the Superintendent of Insurance January, 2010 Introduction The Province of Nova Scotia regulates automobile

More information

2 Liability Coverage; Direct Compensation Property Damage (Sections 3 and 6)

2 Liability Coverage; Direct Compensation Property Damage (Sections 3 and 6) 2 Liability Coverage; Direct Compensation Property Damage (Sections 3 and 6) Learning Objectives When you finish this study, you should be able to meet the following objectives: Discuss the legal basis

More information

RISK RESPONSIBILITY REALITY APPENDIX D AUTOMOBILE INSURANCE IN CANADA

RISK RESPONSIBILITY REALITY APPENDIX D AUTOMOBILE INSURANCE IN CANADA The appendix includes relevant clauses drawn from the Compulsory Minimum Insurance Coverage for Private Passenger Vehicles as prepared by the Insurance Bureau of Canada (FACTS 2005 p. 12-15) used with

More information

Key Concept 9: Understand the differences between compensatory and punitive damages 1. A. Torts. 1. Compensatory and Punitive Damages

Key Concept 9: Understand the differences between compensatory and punitive damages 1. A. Torts. 1. Compensatory and Punitive Damages Key Concept 9: Understand the differences between compensatory and punitive damages 1 A. Torts 1. Compensatory and Punitive Damages Tort law involves civil liability between private parties. A plaintiff

More information

PERSONAL INJURY CLAIMS

PERSONAL INJURY CLAIMS PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants

More information

February 20, 1978. You inquire concerning section 4 of 1977 House Bill 2490, an amendment. Dear Commissioner Bell:

February 20, 1978. You inquire concerning section 4 of 1977 House Bill 2490, an amendment. Dear Commissioner Bell: February 20, 1978 ATTORNEY GENERAL OPINION NO. 78-81 Mr. Fletcher Bell Commissioner of Insurance Kansas Insurance Department 1st Floor - State Office Building Topeka, Kansas 66612 Re: Motor Vehicles--Insurance--Rights

More information

COMPENSATION IN A TENNESSEE PERSONAL INJURY LAWSUIT

COMPENSATION IN A TENNESSEE PERSONAL INJURY LAWSUIT COMPENSATION IN A TENNESSEE PERSONAL INJURY LAWSUIT If You Have Been Injured in a Personal Injury Accident and Someone Else s Negligence Caused, or Contributed to, the Accident, You May Be Entitled to

More information

Factors to Consider When Handling a Long Term Disability Benefits Case. Several issues may arise in the course of a lawsuit for long term disability

Factors to Consider When Handling a Long Term Disability Benefits Case. Several issues may arise in the course of a lawsuit for long term disability Factors to Consider When Handling a Long Term Disability Benefits Case Several issues may arise in the course of a lawsuit for long term disability benefits. This paper provides strategic suggestions on

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and

More information

The Expert Navigators in Maritime, Transportation and Insurance Law

The Expert Navigators in Maritime, Transportation and Insurance Law The Expert Navigators in Maritime, Transportation and Insurance Law Isaacs & Co. is one of Canada's leading full-service maritime, transportation and insurance law firms and concentrates on all areas of

More information

What is my claim worth?

What is my claim worth? What is my claim worth? This is probably the most common and important question asked by a Claimant pursuing a personal injury claim. At the end of the day, it is the recovery of compensation for the injury

More information

The Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE

The Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE Responses submitted by: Name: Roddy Bourke Law Firm/Company: McCann FitzGerald Location: Dublin, Ireland 1. Would your jurisdiction be described as a common law or civil code jurisdiction? The Republic

More information

Executive summary and overview of the national report for Denmark

Executive summary and overview of the national report for Denmark Executive summary and overview of the national report for Denmark Section I Summary of findings There is no special legislation concerning damages for breach of EC or national competition law in Denmark,

More information

EWART PRICE SOLICITORS ROAD TRAFFIC ACCIDENTS - NOTES FOR CLAIMING FOR PERSONAL INJURY AND OTHER UNINSURED LOSSES

EWART PRICE SOLICITORS ROAD TRAFFIC ACCIDENTS - NOTES FOR CLAIMING FOR PERSONAL INJURY AND OTHER UNINSURED LOSSES E P EWART PRICE SOLICITORS ROAD TRAFFIC ACCIDENTS - NOTES FOR CLAIMING FOR PERSONAL INJURY AND OTHER UNINSURED LOSSES If you have been involved in a Road Traffic Accident as a driver or passenger we hope

More information

Document hosted at http://www.jdsupra.com/post/documentviewer.aspx?fid=2066f4aa-63a1-461f-a364-221d2e99642d

Document hosted at http://www.jdsupra.com/post/documentviewer.aspx?fid=2066f4aa-63a1-461f-a364-221d2e99642d How Much Is My ICBC Claim Worth? Each ICBC claim is unique. The value of any ICBC claim will depend on a number of factors including who is at fault, the type of injuries and the effect of the injuries

More information

No-Fault Automobile Insurance

No-Fault Automobile Insurance No-Fault Automobile Insurance By Margaret C. Jasper, Esq. Prior to the enactment of state no-fault insurance legislation, recovery for personal injuries sustained in an automobile accident were subject

More information

Our Personal Injury Guidebook

Our Personal Injury Guidebook Our Personal Injury Guidebook Partnering with you on your road to recovery 2 Table of Contents Injured? You Must Take the Following Steps........... 3 Our Promise to Our Clients.................... 4 At

More information

S.116 Of The Courts of Justice Act Can Defendants Impose A Structured Settlement on the Plaintiff? Robert Roth

S.116 Of The Courts of Justice Act Can Defendants Impose A Structured Settlement on the Plaintiff? Robert Roth S.116 Of The Courts of Justice Act Can Defendants Impose A Structured Settlement on the Plaintiff? Robert Roth Historically, at common law, a plaintiff was not obliged to accept a structured settlement,

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with

More information

Information, Statistics and Tips from the Lawyers Insurance Fund

Information, Statistics and Tips from the Lawyers Insurance Fund FAMILY LAW BASICS 2014 UPDATE PAPER 10.1 Information, Statistics and Tips from the Lawyers Insurance Fund These materials were prepared by Edna M. Ritchie of the Lawyers Insurance Fund, Law Society of

More information

ECONOMICS 101 (UPDATED): WHAT CAN YOU DEDUCT (INCOME LOSS)? By Cary N. Schneider

ECONOMICS 101 (UPDATED): WHAT CAN YOU DEDUCT (INCOME LOSS)? By Cary N. Schneider August, 2011 VOL. 5, ISSUE 3 ECONOMICS 101 (UPDATED): WHAT CAN YOU DEDUCT (INCOME LOSS)? By Cary N. Schneider Cary N. Schneider is a partner at Beard Winter LLP who specializes in accident benefit and

More information

Title 8 Laws of Bermuda Item 67 BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS

Title 8 Laws of Bermuda Item 67 BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS 1 Interpretation 2 Savings 3 Apportionment of liability where contributory negligence 4 Defence of common employment abolished

More information

MOTOR VEHICLE ACCIDENT CLAIMS ACT

MOTOR VEHICLE ACCIDENT CLAIMS ACT Province of Alberta MOTOR VEHICLE ACCIDENT CLAIMS ACT Revised Statutes of Alberta 2000 Chapter M-22 Current as of April 1, 2015 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s

More information

Sarah Mariani v. Kindred Nursing Home (November 2, 2011) STATE OF VERMONT DEPARTMENT OF LABOR

Sarah Mariani v. Kindred Nursing Home (November 2, 2011) STATE OF VERMONT DEPARTMENT OF LABOR Sarah Mariani v. Kindred Nursing Home (November 2, 2011) STATE OF VERMONT DEPARTMENT OF LABOR Sarah Mariani Opinion No. 34-11WC v. By: Phyllis Phillips, Esq. Hearing Officer Kindred Nursing Home For: Anne

More information

(1) A person to whom damage to another is legally attributed is liable to compensate that damage.

(1) A person to whom damage to another is legally attributed is liable to compensate that damage. Principles of European Tort Law TITLE I. Basic Norm Chapter 1. Basic Norm Art. 1:101. Basic norm (1) A person to whom damage to another is legally attributed is liable to compensate that damage. (2) Damage

More information

Our Personal Injury Guidebook

Our Personal Injury Guidebook Our Personal Injury Guidebook Partnering with you on your road to recovery 2 Table of Contents Injured? You Must Take the Following Steps........... 3 Our Promise to Our Clients.................... 4 At

More information

IN THE MATTER OF the Insurance Act, R.S.O. 1990, c.i.8, as amended, and Ontario Regulation 668.

IN THE MATTER OF the Insurance Act, R.S.O. 1990, c.i.8, as amended, and Ontario Regulation 668. IN THE MATTER OF the Insurance Act, R.S.O. 1990, c.i.8, as amended, and Ontario Regulation 668. AND IN THE MATTER OF the Arbitration Act, S.O. 1991, c.17 AND IN THE MATTER OF AN ARBITRATION BETWEEN: STATE

More information

APPENDIX 2A Sample Initial Letter

APPENDIX 2A Sample Initial Letter APPENDIX 2A Sample Initial Letter Dear [name]: Re: Motor Vehicle Accident Please read this letter carefully and retain it in your file, as it contains important information about your claim and the basis

More information

MAKING A PERSONAL INJURIES CLAIM*

MAKING A PERSONAL INJURIES CLAIM* MAKING A PERSONAL INJURIES CLAIM* GETTING STARTED DO I HAVE A CASE? The first step is to contact one of our experienced personal injuries solicitors and arrange a no obligation consultation. At the initial

More information

Alberta Finance and Enterprise - Insurance - Family Protection Endorsement

Alberta Finance and Enterprise - Insurance - Family Protection Endorsement Alberta Finance and Enterprise - Insurance - Family Protection Endorsement Page 1 of 6 Automobile Insurance - S.E.F. No. 44 FAMILY PROTECTION ENDORSEMENT (For Alberta Only) Index Definitions Insuring Agreement

More information

LOGIKOR TERMS AND CONDITIONS

LOGIKOR TERMS AND CONDITIONS LOGIKOR TERMS AND CONDITIONS If Logikor LLC and/or Logikor Inc. and/or Logikor Special Commodities Inc. (collectively referred to as BROKER ) and the contracted motor carrier ( CARRIER ) have not signed

More information

What you need to know about your legal rights

What you need to know about your legal rights TR_Motorcycle_Kit_06-025 KitText.qxd 13-03-13 10:15 AM Page 1 InformatIon KIt for MOTORCYCLISTS Effective: November 1, 2012 What you need to know about your legal rights Personal Injury Litigators since

More information

Professional Practice 544

Professional Practice 544 February 15, 2016 Professional Practice 544 Tort Law and Insurance Michael J. Hanahan Schiff Hardin LLP 233 S. Wacker, Ste. 6600 Chicago, IL 60606 312-258-5701 mhanahan@schiffhardin.com Schiff Hardin LLP.

More information

Compensation Claims. Contents

Compensation Claims. Contents Compensation Claims Contents Employers' duties What kind of claims may be made? The tort of negligence Tort of breach of statutory duty Civil liability exclusions Conditions to be met for breach of statutory

More information

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 An Act to reform the law relating to contributory negligence and the apportionment of liability; to amend the

More information

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza

More information

Have you or someone you know suffered a personal injury? TIPS TO MAXIMIZE COMPENSATION

Have you or someone you know suffered a personal injury? TIPS TO MAXIMIZE COMPENSATION Have you or someone you know suffered a personal injury? TIPS TO MAXIMIZE COMPENSATION If you have suffered a personal injury it is important to consider all potential sources of compensation. A personal

More information

Auto accidents can cause thousands or even millions of dollars in losses due to medical expenditures, an inability to work, a reduction in future

Auto accidents can cause thousands or even millions of dollars in losses due to medical expenditures, an inability to work, a reduction in future TEXAS AUTO ACCIDENTS Auto accidents can cause thousands or even millions of dollars in losses due to medical expenditures, an inability to work, a reduction in future earnings, or the untimely death of

More information

SANTAM UMBRELLA LIABILITY

SANTAM UMBRELLA LIABILITY SANTAM UMBRELLA LIABILITY DEFINED EVENTS 1. Damages, costs, fees and expenses which the insured shall become legally liable to pay consequent upon Injury, Damage, Malice or Negligent Advice which occur

More information

MONTANA SELF INSURERS ASSOCIATION

MONTANA SELF INSURERS ASSOCIATION MONTANA SELF INSURERS ASSOCIATION Executive Director Bob Worthington Board of Directors Rick Clark Plum Creek Timber Co Tim Fitzpatrick MT Schools Group Donna Haeder NorthWestern Corp Marv Jordan MT Contractors

More information

PUBLIC UTILITIES BOARD AUTOMOBILE INSURANCE REVIEW BACKGROUNDER

PUBLIC UTILITIES BOARD AUTOMOBILE INSURANCE REVIEW BACKGROUNDER PUBLIC UTILITIES BOARD AUTOMOBILE INSURANCE REVIEW BACKGROUNDER PUBLIC UTILITIES BOARD WHO WE ARE AND WHAT WE DO The Public Utilities Board is an independent, quasi-judicial regulatory agency. The Board

More information

LOUISIANA PERSONAL INJURY ACCIDENT BASICS

LOUISIANA PERSONAL INJURY ACCIDENT BASICS LOUISIANA PERSONAL INJURY ACCIDENT BASICS The Concept of Negligence If you have been injured, only an experienced Louisiana personal injury accident attorney can evaluate the unique facts and circumstances

More information

UPDATE ON PERSONAL INJURY LAW AND PRACTICE. May 9 12, 2012. William A. G. Simpson

UPDATE ON PERSONAL INJURY LAW AND PRACTICE. May 9 12, 2012. William A. G. Simpson UPDATE ON PERSONAL INJURY LAW AND PRACTICE 22 nd Annual Conference of The Institute of Law Clerks of Ontario May 9 12, 2012 William A. G. Simpson Partner Lerners LLP (London) This paper will provide a

More information

FIRE ON THE ICE: RECENT DEVELOPMENTS IN THE LAW OF NEGLIGENCE REGARDING CAUSATION

FIRE ON THE ICE: RECENT DEVELOPMENTS IN THE LAW OF NEGLIGENCE REGARDING CAUSATION Aaron L. Sherriff FIRE ON THE ICE: RECENT DEVELOPMENTS IN THE LAW OF NEGLIGENCE REGARDING CAUSATION 2 Aaron L. Sherriff TABLE OF CONTENTS I. THE CGL POLICY... 3 II. NEGLIGENCE... 3 III. MR. HANKE... 4

More information

Cross Border. Are You Ready to Do Business in the US?

Cross Border. Are You Ready to Do Business in the US? Cross Border Are You Ready to Do Business in the US? Failure to carry workers compensation insurance or to otherwise meet a state s regulations can result in the employer becoming liable for the employee

More information

Georgia Board for Physician Workforce

Georgia Board for Physician Workforce Board for Physician Workforce Spotlight on National Tort Reform & Reform in the Surrounding States August 2010 Tort reform continues to be a highly debated issue at both the state and national level. In

More information

UNDERSTANDING THE WORKERS COMPENSATION SYSTEM ADVANTAGES AND DISADVANTAGES

UNDERSTANDING THE WORKERS COMPENSATION SYSTEM ADVANTAGES AND DISADVANTAGES UNDERSTANDING THE WORKERS COMPENSATION SYSTEM ADVANTAGES AND DISADVANTAGES Presented By: Sonia Lanteigne and Michael McGovern Legal Counsel, WorkSafeNB October 8, 2015 TODAY S AGENDA History of workers

More information

More than you bargained for -

More than you bargained for - More than you bargained for - The effect of British Columbia s Universal Automobile Insurance on American, and other out-of-province, Insurance Policies 1. INTRODUCTION When motorists venture into the

More information

Home Model Legislation Commerce, Insurance, and Economic Development. Consumer Choice Motor Vehicle Insurance Act

Home Model Legislation Commerce, Insurance, and Economic Development. Consumer Choice Motor Vehicle Insurance Act Search GO LOGIN LOGOUT HOME JOIN ALEC CONTACT ABOUT MEMBERS EVENTS & MEETINGS MODEL LEGISLATION TASK FORCES ALEC INITIATIVES PUBLICATIONS NEWS Model Legislation Civil Justice Commerce, Insurance, and Economic

More information

Case Comment: Stroszyn v. Mitsui Sumitomo Insurance. Dolden Wallace Folick goes viral on December 1, 2013

Case Comment: Stroszyn v. Mitsui Sumitomo Insurance. Dolden Wallace Folick goes viral on December 1, 2013 Insurance Journal November 12, 2013 Volume 1, Issue 6 Editor Keoni Norgren Damages in Secondary Market Class Actions An Insurer Friendly Decision from the Ontario Bench In this Issue Case Comment: Stroszyn

More information

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)

More information

PRODUCT LIABILITY LAW IN EGYPT -- AN OVERVIEW OF SOME CIVIL AND COMMERCIAL CODE RULES. Howard L. Stovall *

PRODUCT LIABILITY LAW IN EGYPT -- AN OVERVIEW OF SOME CIVIL AND COMMERCIAL CODE RULES. Howard L. Stovall * Law Office of HOWARD L. STOVALL 2131 North Racine Avenue Chicago, Illinois 60614 Telephone: (773) 248-8896 Facsimile: (773) 248-8897 E-mail: Howard@ Stovall-Law.com Website: www.stovall-law.com PRODUCT

More information

Insurance Journal. Defending Until the End When Does the Duty to. Volume 1, Issue 3 Editor Keoni Norgren. May 1, 2013

Insurance Journal. Defending Until the End When Does the Duty to. Volume 1, Issue 3 Editor Keoni Norgren. May 1, 2013 Insurance Journal May 1, 2013 In this Issue Volume 1, Issue 3 Editor Keoni Norgren Defending Until the End When Does the Duty to Defend End? Cyber Liability Laws in Canada Dolden Wallace Folick Welcomes

More information

Assessing Damages Under Section 151Z: An Interaction of Schemes

Assessing Damages Under Section 151Z: An Interaction of Schemes Assessing Damages Under Section 151Z: An Interaction of Schemes Andrew Parker Barrister Henry Parkes Chambers Ty Hickey Barrister State Chambers 1 Calculating damages under s 151Z(2) of the Workers Compensation

More information

Air cargo is a $50 billion business that transports 35% of the value of goods

Air cargo is a $50 billion business that transports 35% of the value of goods A ADMIRALTY LAWYER S COMME TS O RECE T DEVELOPME TS CO CER I G THE MO TREAL CO VE TIO A D AIR FREIGHT FORWARDERS SEEKI G I DEM IFICATIO FROM AIR CARRIERS 2/22/11 Peter D. Clark at www.navlaw.com Air cargo

More information

DEALING WITH INTERNATIONAL PERSONAL INJURY CLAIMS KATHERINE ALLEN IRWIN MITCHELL SOLICITORS

DEALING WITH INTERNATIONAL PERSONAL INJURY CLAIMS KATHERINE ALLEN IRWIN MITCHELL SOLICITORS DEALING WITH INTERNATIONAL PERSONAL INJURY CLAIMS KATHERINE ALLEN IRWIN MITCHELL SOLICITORS Acting for clients who have been injured in accidents abroad can be immensely challenging and complex. There

More information

OTLA. September 2014 NETS FINANCIAL SAFETY. Advance payments The Tort and LTD Interface Consequential Damages. September 2014 The Litigator

OTLA. September 2014 NETS FINANCIAL SAFETY. Advance payments The Tort and LTD Interface Consequential Damages. September 2014 The Litigator OTLA Ontario Trial Lawyers Association September 2014 NETS FINANCIAL SAFETY September 2014 The Litigator Advance payments The Tort and LTD Interface Consequential Damages FEATURE BY MICHAEL WILCHESKY ONTARIO

More information

RISK MANAGEMENT: WHAT IS THE EXPOSURE? UNDERSTANDING DAMAGES. by Marc S. Blubaugh Benesch, Friedlander, Coplan, & Aronoff LLP

RISK MANAGEMENT: WHAT IS THE EXPOSURE? UNDERSTANDING DAMAGES. by Marc S. Blubaugh Benesch, Friedlander, Coplan, & Aronoff LLP RISK MANAGEMENT: WHAT IS THE EXPOSURE? UNDERSTANDING DAMAGES by Marc S. Blubaugh Benesch, Friedlander, Coplan, & Aronoff LLP AGENDA What Types of Damages Might Be Recoverable? What Can Be Done To Protect

More information

Munkman on Damages for Personal Injuries and Death

Munkman on Damages for Personal Injuries and Death Munkman on Damages for Personal Injuries and Death Twelfth edition Gordon BA (Warwick) of Lincoln's Inn, Barrister Foreword to the twelfth edition by Julian Goose QC Preface to the twelfth edition Preface

More information

1. Liability Coverage for Employees Driving State-Owned Cars

1. Liability Coverage for Employees Driving State-Owned Cars To: MTSU Community From: Office of the University Counsel Date: August 2, 2013 Re: Liability for Employee Auto Accidents 1. Liability Coverage for Employees Driving State-Owned Cars Although the State

More information

D R A F T. LC 117 2016 Regular Session 1/19/16 (TSB/ps)

D R A F T. LC 117 2016 Regular Session 1/19/16 (TSB/ps) LC 0 Regular Session // (TSB/ps) D R A F T SUMMARY Provides that insurer that has duty to defend insured against claim has fiduciary duty toward insured if insurer does defend against claim. Provides that

More information

The plaintiff in a negligence action must suffer actual harm or loss to person or property. Damages are monetary payments awarded for a legally

The plaintiff in a negligence action must suffer actual harm or loss to person or property. Damages are monetary payments awarded for a legally Chapter 16 The plaintiff in a negligence action must suffer actual harm or loss to person or property. Damages are monetary payments awarded for a legally recognized wrong. Damages are a legal remedy,

More information

PERSONAL INJURY CLAIMS

PERSONAL INJURY CLAIMS PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. 2. Who can

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT Filed 10/11/13 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT ED AGUILAR, Plaintiff and Respondent, v. B238853 (Los Angeles County

More information

Cardelli Lanfear P.C.

Cardelli Lanfear P.C. Michigan Prepared by Cardelli Lanfear P.C. 322 West Lincoln Royal Oak, MI 48067 Tel: 248.850.2179 Fax: 248.544.1191 1. Introduction History of Tort Reform in Michigan Michigan was one of the first states

More information

Missouri Highways and Transportation Commission Policies

Missouri Highways and Transportation Commission Policies Missouri Highways and Transportation Commission Policies Category: Subcategory: Sub-Subcategory: ENTERPRISE RISK MANAGEMENT Liability Insurance Self-Insurance Plan SELF-INSURANCE PLAN GENERAL LIABILITY

More information

WikiLeaks Document Release

WikiLeaks Document Release WikiLeaks Document Release February 2, 2009 Congressional Research Service Report RS20519 ASBESTOS COMPENSATION ACT OF 2000 Henry Cohen, American Law Division Updated April 13, 2000 Abstract. This report

More information

Session 1 Operation of the Auto Insurance System in Canada s Provinces

Session 1 Operation of the Auto Insurance System in Canada s Provinces Session 1 Operation of the Auto Insurance System in Canada s Provinces Marie-Hélène Malenfant, FCIA, FSA Director of actuarial liability valuation, SAAQ Before 1978 28% of injured were not compensated;

More information

B 4815 Suppliment tal-gazzetta tal-gvern ta Malta, Nru. 17,506, 21 ta Novembru, 2003 Taqsima B MERCHANT SHIPPING ACT (CAP. 234)

B 4815 Suppliment tal-gazzetta tal-gvern ta Malta, Nru. 17,506, 21 ta Novembru, 2003 Taqsima B MERCHANT SHIPPING ACT (CAP. 234) B 4815 Suppliment tal-gazzetta tal-gvern ta Malta, Nru. 17,506, 21 ta Novembru, 2003 Taqsima B L.N. 361 of 2003 MERCHANT SHIPPING ACT (CAP. 234) Merchant Shipping (Limitation of Liability for Maritime

More information

GOOD, THE BAD FAITH AND THE UGLY

GOOD, THE BAD FAITH AND THE UGLY P. Wheeler Neil & Associates LLP Lerner Adelaide Street West 130 2400 Suite Box 95 P.O. ON Toronto, No. (416)601-2384 Tel. No. (416) 867-9192 Fax THE BILL 59 ACCIDENT BENEFITS CLAIM: SETTLING GOOD, THE

More information

Company means Jupiter Global Ltd., a member of the Hong Kong Association of Freight Forwarding and Logistics Limited trading under these Conditions.

Company means Jupiter Global Ltd., a member of the Hong Kong Association of Freight Forwarding and Logistics Limited trading under these Conditions. CONDITIONS OF CONTRACT (AIR) Standard Trading Condition (1) Definitions: Ancillary Services includes services of arranging for the storage, warehousing, collection, delivery, local transportation, insurance,

More information

In order to prove negligence the Claimant must establish the following:

In order to prove negligence the Claimant must establish the following: Introduction A wealth of law exists to provide compensation to people who have suffered injuries, both physical and psychological, following an accident. This fact sheet provides a very brief guide to

More information

C14 Automobile Insurance Part 1 Ontario

C14 Automobile Insurance Part 1 Ontario Sample Exam C14 Automobile Insurance Part 1 Ontario IMPORTANT The time allowed for this exam is 3 hours. Total marks: 200 You must hand in this paper and any paper used for rough work to the supervisor

More information

Clinical Negligence. Investigating Your Claim

Clinical Negligence. Investigating Your Claim www.lees.co.uk Clinical Negligence Investigating Your Claim Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 The

More information

PERSONAL INJURIES AND DEATHS MALTA

PERSONAL INJURIES AND DEATHS MALTA PERSONAL INJURIES AND DEATHS MALTA This Guide explains national law when seafarers are injured or killed in a port in Malta or on a Maltese flagged ship. This document is not intended to be legal advice,

More information

AUTOMOBILE INSURANCE IN THE PROVINCE OF ONTARIO

AUTOMOBILE INSURANCE IN THE PROVINCE OF ONTARIO AUTOMOBILE INSURANCE IN THE PROVINCE OF ONTARIO 159 AUTOMOBILE INSURANCE IN THE PROVINCE OF ONTARIO BY JOHN EDWARDS INTRODUCTION During 1936, 138 insurers reported automobile insurance premiums written

More information

Liability of Volunteer Directors of Nonprofit Corporations (10/02)

Liability of Volunteer Directors of Nonprofit Corporations (10/02) Liability of Volunteer Directors of Nonprofit Corporations (10/02) This memorandum addresses the California and federal law protections that exist to shield volunteer directors of nonprofit corporations

More information

IDENTIFYING AND PURSUING SUBROGATION RIGHTS

IDENTIFYING AND PURSUING SUBROGATION RIGHTS IDENTIFYING AND PURSUING SUBROGATION RIGHTS By: Susan McLaughlin, Esquire Erika L. Austin, Esquire All benefits paid under the Pennsylvania Workers Compensation Act constitute a lien against any third-party

More information

Personal Injury Motor Vehicle Litigation: SABS and Tort

Personal Injury Motor Vehicle Litigation: SABS and Tort Personal Injury Motor Vehicle Litigation: SABS and Tort Shauna K. Powell, Lerners LLP The purpose of this paper is to provide a general overview of the tort and the Statutory Accident Benefits Schedule

More information

The Insurance Amendment Act One Year Later

The Insurance Amendment Act One Year Later The Insurance Amendment Act One Year Later Andrew P. Loewen Fillmore Riley LLP 1700-360 Main Street Winnipeg, MB R3C 3Z3 (204) 957-8360 Email: andrewloewen@fillmoreriley.com 1 On September 1, 2014, the

More information

Basic Anatomy of Personal Injury Actions

Basic Anatomy of Personal Injury Actions Piecing the Puzzle Together: Catastrophic Claims, Tort Claims and the New SABS Peterborough Thursday, April 14, 2011 Basic Anatomy of Personal Injury Actions Presented by: ROBERT M. BEN 416-868-3168 rben@thomsonrogers.com

More information

OREGON LAWS 2015 Chap. 5 CHAPTER 5

OREGON LAWS 2015 Chap. 5 CHAPTER 5 CHAPTER 5 AN ACT SB 411 Relating to personal injury protection benefits; creating new provisions; and amending ORS 742.500, 742.502, 742.504, 742.506, 742.524 and 742.544. Be It Enacted by the People of

More information

Automobile Negligence Lawsuits

Automobile Negligence Lawsuits SOG/DGL, CH, JB Page 1 of 6 Automobile Negligence Lawsuits Who Is Sued? Driver the driver is the person whose negligence gives rise to the liability. The person suing must prove that the driver negligently

More information

Case 2:09-cv-00532-JPH Document 23 Filed 02/02/10 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Case 2:09-cv-00532-JPH Document 23 Filed 02/02/10 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Case 2:09-cv-00532-JPH Document 23 Filed 02/02/10 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MICHAEL WALKER : CIVIL ACTION : v. : : NO. 09-532 BIG BURGER RESTAURANTS,

More information

International Sharing Agreement between Liability and Own Damage Insurers

International Sharing Agreement between Liability and Own Damage Insurers AU 152 (11/97) 1 New version - 1st January 1998 International Sharing Agreement between Liability and Own Damage Insurers Introduction: Principle of Shared Settlement Subrogated recovery by the «own damage»

More information

Reform of Japanese Maritime Law

Reform of Japanese Maritime Law Reform of Japanese Maritime Law Yosuke TANAKA Attorney-at-law, Tokyo, JAPAN HIGASHIMACHI, LPC (http://www.higashimachi.jp) I. Background 1. Japanese Maritime Law is now in the process of amendment. Japanese

More information

AN OVERVIEW OF DAMAGES IN GEORGIA. By Craig R. White

AN OVERVIEW OF DAMAGES IN GEORGIA. By Craig R. White AN OVERVIEW OF DAMAGES IN GEORGIA By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770) 392-8610 FAX: (770) 392-8620 EMAIL: cwhite@skedsvoldandwhite.com

More information

Before the recent passage of CRS 10-1-135, claims for subrogation

Before the recent passage of CRS 10-1-135, claims for subrogation Reproduced by permission. 2011 Colorado Bar Association, 40 The Colorado Lawyer 41 (February 2011). All rights reserved. TORT AND INSURANCE LAW CRS 10-1-135 and the Changing Face of Subrogation Claims

More information

GUIDE TO PERSONAL INJURY/ACCIDENT CLAIMS

GUIDE TO PERSONAL INJURY/ACCIDENT CLAIMS GUIDE TO PERSONAL INJURY/ACCIDENT CLAIMS At Richard Grogan & Associates we have Solicitors with significant experience and expertise who will advise and guide you through all matters relating to bringing

More information

Global Guide to Competition Litigation Poland

Global Guide to Competition Litigation Poland Global Guide to Competition Litigation Poland 2012 Table of Contents Availability of private enforcement in respect of competition law infringements and jurisdiction... 1 Conduct of proceedings and costs...

More information

CRIMINAL DEFENSE AGREEMENTS

CRIMINAL DEFENSE AGREEMENTS 5/6/13 CRIMINAL DEFENSE & CIVIL LITIGATION AGREEMENTS LLOYD M. CUETO LAW OFFICE OF LLOYD M. CUETO P.C. 7110 WEST MAIN STREET BELLEVILLE, ILLINOIS 62223 (618) 277-1554 CRIMINAL DEFENSE AGREEMENTS HOW TO

More information

Motor Vehicle Accident Claims: What are your rights?

Motor Vehicle Accident Claims: What are your rights? Motor Vehicle Accident Claims: What are your rights? If you or a loved one has been seriously injured in a motor vehicle accident, there are a number of critical decisions that must be made. Who will care

More information

B.C. LAWYERS COMPULSORY PROFESSIONAL LIABILITY INSURANCE POLICY NUMBER: LPL 00-01-01

B.C. LAWYERS COMPULSORY PROFESSIONAL LIABILITY INSURANCE POLICY NUMBER: LPL 00-01-01 B.C. LAWYERS COMPULSORY PROFESSIONAL LIABILITY INSURANCE POLICY NUMBER: LPL 00-01-01 INSURER: THE LSBC CAPTIVE INSURANCE COMPANY LTD. (the Company ) Administrative Offices, 6th Floor, 845 Cambie Street

More information

Clinical Negligence: A guide to making a claim

Clinical Negligence: A guide to making a claim : A guide to making a claim 2 Our guide to making a clinical negligence claim At Kingsley Napley, our guiding principle is to provide you with a dedicated client service and we aim to make the claims process

More information

An Overview of the Health Care Costs Recovery Act

An Overview of the Health Care Costs Recovery Act Helping to create windows of opportunity An Overview of the Health Care Costs Recovery Act Lunch n Learn Seminar Presented by: Bruno De Vita and Kevin McLaren HEALTH CARE COSTS RECOVERY ACT, SBC 2008 c.

More information