John A. Nicholson

John A. Nicholson

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The use of medical reports at trial – Campbell v. Roberts

The use of a physician’s medical reports at trial has been a recurring topic in the Courts recently. One of the issues that has been the focus of recent judicial commentary concerns the use that can be made of medical...more

3/28/2014 - Evidence Healthcare PHI Physicians Trials

Counsel Fees Can Be Based on Overall Value of Settlement, Not Just Amounts in a Settlement Fund

In Patel v Groupon Inc., 2013 ONSC 6679, Justice Belobaba heard a consent motion to certify a class action against Groupon Inc. (“Groupon”) as well as motions to approve the settlement and class counsel fees. The class action...more

12/9/2013 - Attorney's Fees Canada Settlement

Henry v. Gore Mutual Insurance Company: The Court of Appeal considers attendant care benefits

When a mother stays home from work to care for her child who has been injured in a car accident, is she to be compensated only for the hours she has lost at work, or is the accident benefits insurer required to pay her for...more

7/23/2013 - Attendant Care Bodily Injury Car Accident Employee Benefits Insurers

The Special Circumstances Doctrine under the New Limitations Act

One of the important features of the new Limitations Act, 2002 which came into force on January 1, 2004 was a provision that seemed to bring an end to the so called “special circumstances doctrine”. The special circumstances...more

10/5/2012 - Limitation Periods Special Circumstances Doctrine

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