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Author: Element6

09 Feb Gyorffy v. Drury Revisited

By: Samantha Cain Published : Feb 9, 2015 In Ontario, an injured person can sue for general damages only if he/she meets an impairment threshold: he/she must have sustained a permanent serious impairment of an important physical, mental or psychological function, or a permanent serious disfigurement. Ontario Regulation 461/96...

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09 Feb Getting Your Costs Paid – Strategic Considerations

Dooley Barristers Professional Corporation Barrie, Ontario The Advocates’ Society Tricks of the Trade In Pursuit of Excellence: Practical Tools to Enhance Your Practice January 24, 2014 Toronto, Ontario Getting Your Costs Paid – Strategic Considerations Daniel Dooley and Erin H. Durant, Dooley Barristers Contents Getting Your Costs Paid – Strategic Considerations 2 A. Rule 1.04(1.1)...

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05 Dec Municipal Liability for Motor Vehicle Accidents

Published in Canadian Defence Lawyers: Hearsay, December 2013 Daniel Dooley, Erin Durant, Andrew Emery Whenever a motor vehicle accident occurs because of, or is blamed on, slippery conditions, the issue of road authority liability arises. If the plaintiff does not sue the road authority, defence counsel will...

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16 Apr Opening Statements: Doing it Right

By: Daniel Dooley and Erin H. Durant Dooley Barristers Professional Corporation Barrie, Ontario Civil Litigation Skills Certificate Program: Trial from A to Z April 16, 2013 Toronto, Ontario “A huge portion of what [counsel] said after ‘Good morning’ needed remedial attention.” Justice J.Q. Quinn[1] A basketball player named LeBron James recently “posterized” an...

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28 Nov Social Hosts / Commerical Hosts / Employers – Liquor Liability

By: Daniel Dooley and Erin H. Durant Dooley Barristers Professional Corporation Barrie, Ontario Barrie-Simcoe Insurance Brokers Association Luncheon November 28, 2012 During the holiday season many of us will attend holiday functions where the consumption of alcohol is prevalent and, occasionally, encouraged. Organizations such as Mothers Against Drunk Driving and...

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16 Nov One Percent Liability; One Hundred Percent Injustice

Proportionate Liability v. Joint & Several Liability Debate The Advocates’ Society Fall Convention 2012 Nevis, West Indies November 16, 2012 Position Our tort system is “grounded in the primal concept” that “liability is based on fault”.[1] Joint and several liability is a glaring exception. It often results in liability for...

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