Appeals in the Personal Injury Context


In This Issue:

- The Starting Point - Courts of Justice Act

- Rules of Civil Procedure

- A Brief Word About Costs

- Tort Action Non-Jury

- Accident Benefit Appeals

- Appeals in the Arbitration Context

- Standard of Review

- Judge Alone Trial

- Jury Trial

- Judicial Review of a FSCO Decision

- Standard of Review Chart

- Practice Points Jury Trial Appeals

- Recent Personal Injury Appeal Decisions Illustrating the Points

- Martin v. Fleming

- Zurek v. Ferris 16

- Parris v. Laidley

- Edwardson v. Hamilton (St. Joseph's Hospital)

- Duchesne v. St. Denis

- Pastore v. Aviva Canada Inc

- Hamman v. Usher

- Hurst v. Aviva Insurance Company

- Bibliography

- Excerpt from "Appeals in the Personal Injury Context":

The practice of personal injury law, although part of civil litigation in general, has become a very specialized area of practice. Defendants are represented almost exclusively by lawyers whose practices are restricted to the defence of personal injury lawsuits. Increasingly, plaintiff lawyers dedicate their practices exclusively to plaintiff personal injury litigation. The specialization of the bar and the practice of personal injury law extends equally to appeals which might flow from a personal injury case. While the appeal process is generic in a sense, applying to all forms of civil litigation, there are specific issues more common to appeals that arise in the personal injury context.

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