Conflicting decisions on which prejudgment interest rate applies to non-pecuniary damages in motor vehicle cases that occurred before 2015 have created a “stumbling block” when it comes to discussing settlements with opposing counsel, Toronto personal injury lawyer Emily Casey tells Law Times.The legal publication says that in recent months, Ontario courts have come down on either side of the issue of prejudgment interest following changes in legislation that replaced the former rate of five per cent with the lower current bank rate. “The issue stems from an amendment on Jan. 1, 2015, that changed the amount of...
Motor vehicle accidents are commonly unforeseen events that can have serious and lasting implications, especially for those who unfortunately sustain a personal injury as a result of the accident. Tkatch & Associates genuinely cares about the well-being of its clients and will vehemently fight for the rights of victims who have regrettably suffered a loss. Our firm has over 30 years experience in personal injury law and is proud to serve Toronto, Gravenhurst, Bracebridge, Muskoka area, Huntsville, Temiskaming, North Bay, Cornwall, Kingston and surrounding areas. Statutory Accident Benefits Schedule Under the Statutory Accident Benefits Schedule (“SABS”), any person directly involved in a...Read moreNo comments
Commercial establishments that rely on a portion of municipal property to welcome customers should take note of an Ontario Court of Appeal decision released last week. In MacKay v. Starbucks Corporation 2017 ONCA 350, the court unanimously upheld a lower-court ruling that found the Toronto coffeehouse outlet was responsible, under Ontario’s Occupiers’ Liability Act (OLA), for a portion of the ice-covered municipal sidewalk at its side entrance where respondent Carole MacKay fell and broke her ankle in February 2007. In her 2015 decision, Ontario Superior Court Justice Mary Sanderson found that by taking such measures as making a path over the sidewalk...Read moreNo comments
A recent Ontario Superior Court of Justice decision that found a Starbucks coffee shop to be liable for an icy sidewalk where its customers had almost exclusive use, puts more onus on businesses in slip-and-fall cases, says Toronto personal injury lawyer Simmy Yu, who along with Murray Tkatch and Barbara K. Opalinski, took the case to trial for their injured client. In Mackay v Starbucks, 2015 ONSC 4718 (CanLII), the trio at Tkatch & Associates represented a plaintiff who slipped as she stepped off a Starbucks patio onto a Toronto sidewalk. The evidence at trial was that...Read moreNo comments