by Mackesy Smye | Apr 29, 2013 | Publications
Significant Auto Insurance Savings Imagine yourself standing at the bakery counter of your local grocery store. There is a sign that reads bread is 15% off. You ask for a loaf but notice that the baker has cut it in half. Fifteen percent off but for half a loaf. You...
by Mackesy Smye | Apr 29, 2013 | Publications
Possessory Title The recent case of Clark v. Kwasney decided by Mr. Justice Reid here in Hamilton further emphasizes the difficulty of establishing “squatters’ rights”. Counsel (Bordin) was unable to convince their clients to settle and therefore the matter proceeded...
by Mackesy Smye | Apr 29, 2013 | Publications
Punitive Damages in Motor Vehicle Litigation In McIntyre v. Grigg et al (2006) 83 O.R. (3d), 161, the Court of Appeal, for the first time, considered the issue of whether punitive damages were available in the context of a motor vehicle accident claim. I had the...
by Mackesy Smye | Apr 29, 2013 | General Personal Injury
Innovative Techniques for the Fatality Trial The fatality trial presents special challenges to Plaintiffs’ counsel to overcome our judiciary’s conservatism in awarding damages in wrongful death cases. Perhaps fearful that awards would significantly increase as they...
by Mackesy Smye | Apr 29, 2013 | Publications
Road Design and Maintenance Actions In tort law, there are few areas that are subject to as much judicial and legislative attention as liability of public authorities for the design and maintenance of roadways. This is a field of law that is very much driven by...
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