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...
This article was originally published on The Lawyer's Daily on May 8, 2017 by Christopher Guly 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...Read moreNo comments
This article was originally published on Advocate Daily on May 10, 2016. 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...Read moreNo comments
This article was originally published on Advocate Daily on October 27, 2015.Read moreNo comments
This article was originally published on Advocate Daily on October 22, 2015. If an individual is injured while outside of their home on either private or municipal property, one of the first issues to evaluate in terms of whether to seek legal recourse is how significant the damages are, both economically and in relation to pain and suffering, says Toronto personal injury lawyer Emily Casey. “Typically, I tell clients the first question they have to ask themselves is, ‘What is the damage?’” she says. “That’s the same with any type of civil lawsuit. If you fall down...Read moreNo comments