Blog – Neinstein Personal Injury Lawyers
Fire in Quebec senior home raises safety questions in Ontario
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The residents of L’Isle-Verte mourn as investigators continue to search for missing seniors in the la Résidence du Havre, a seniors’ home that was lit ablaze in a deadly fire on January 23.
Cold and icy conditions have hampered the police’s efforts, but so far it’s been reported that at least 27 people were killed in the blaze. Unfortunately, the process may take some time with the structure’s remains covered in thick ice with investigators using steam to slowly melt it.
Police are still figuring out what caused the fire, but media reports say that the facility’s sprinklers weren’t working in that section of the building. The blaze spread quickly and unfortunately many of the home’s occupants were immobile and needed a walker or assistance to walk. All the residents were between the age of 82 and 99.
There were 52 residents living in the facility at the time, according to government documents, and fire fighters were able to rescue 20 people from the home.
Since the incident, there’s been a call from the Quebec Association of Fire Chiefs to launch a public inquiry into the situation. The inquiry would help answer the public’s questions about senior residences, such as what fire protection is in them and what fire prevention is conducted, said the association’s president.
The Canadian Association of Retired Persons (CARP), which represents elderly people, says that the government needs to improve its safety rules for seniors’ homes across the country, which includes creating rules in all provinces on retrofitting older homes. In some homes, there are other facilities without sprinklers and that’s following government regulation, Susan Eng, vice-president for advocacy at CARP, told CBC in an interview. Ontario is one of the few provinces with retrofitting rules in seniors’ homes and retirement homes. Improving the safety for these homes needs to be led by the federal government, she adds.
Contrary to improving regulation, in Quebec, small private safety seniors’ homes are seeing relaxed rules that will come effect in February. Homes with less than 50 residents will not need to hire trained night attendants to look after the seniors and night attendants that are hired will no longer need to have basic first aid and cardiopulmonary resuscitation training. The Quebec health minister told the Globe and Mail that the government is looking into legislation requiring all seniors’ homes to have sprinklers, which could also include a financial assistance program to help with the retrofit.
With more and more baby boomers aging, a seniors’ home or retirement home are two of the options that families consider. It’s important to ensure that any facilities you or your loved one live in are safe, which includes proper fire safety, fire prevention and sufficient number of staff to assist you or your loved one with their needs.
The unfortunate incident may lead Ontario to speed up phasing in sprinklers in retirement homes, which was made mandatory in May 2013. All new homes are required to have them, while private facilities have five years to comply and government-owned facilities have until 2025 to comply. In Ontario, there are 700 retirement homes housing 40,000 seniors, along with another 400 long-term care facilities that house another 76,000 people, according to Global News.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling all types of injuries for over 40 years. We understand the impacts wrongful death can have on your life and we know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.
Sanctuaries to heal from burn injuries
(Photo credit: Courtesy of Angel Faces)
Motor vehicle accidents are very traumatic experiences for everyone involved. There’s a risk those involved emerge with either minor or major injuries or the possibility of brain, spinal cord or burn injuries.
Recovering from a burn injury is a very long process. It may require multiple surgeries and while you may be healthy enough to be discharged from a hospital, it’s adjusting to the fact that you may be permanently scarred and disfigured in some areas of your body. Thankfully, there are organizations such as St. John’s Burn Rehabilitation Centre and California-based Angel Faces that support Ontarians during the tumultuous journey.
Thanks to the latest innovations in healthcare, there are survivors from incidents where they’ve suffered burn injures of 80 per cent of their skin. Unfortunately, their scars can have a huge impact on their social lives, which is why support groups are necessary to help a person recover.
Angel Faces is the only non-profit organization that helps young girls and women with burn or trauma injuries achieve their optimum potential in life and develop meaningful relationships for themselves, their families, and their communities. This is done at an annual retreat in the United States as well as on-going support that enhances their self-esteem and social skills, while at the same time addressing their emotional and psychological healing process. The organization was started by Lesia Cartelli, who was burned in a natural gas explosion when she was nine. At the retreats, volunteers, including licensed psychologists, nurses and fire captains, help girls set goals towards their future and offer them strength, courage and wisdom to help their recovery. Participants are either referred by burn/trauma centres or they can apply online, where there are also scholarships and sponsorships available.
Sunnybrook’s St. John’s Burn Rehabilitation Centre is the only dedicated rehab facility in Ontario. Patients are referred to the program by hospitals and physicians across the province and staff work towards helping each patient be independent and recover on personalized timelines. There’s a wide variety of staff who help a patient including physiotherapists, occupational therapists, nurses, speech-language pathologists, pharmacists, physicians, dietitians, social workers, psychologists and spiritual care workers. There’s even a specialized Back on Track program for those who suffered burns during a workplace or car accident.
While burn injuries may be a result of motor vehicle accidents, unfortunately workplace accidents are also a common reason too. Between 2001 and 2002, there were more than 3,400 burn hospitalizations, which accounted for 1.7 per cent of the total hospitalizations, according to the National Trauma Registry. Those between the ages of 35 to 44 were most affected by burn injuries and patients spend an average of 12.2 days in a hospital recovering.
Accident benefits are available to anyone involved in a motor vehicle accident. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Technology could help prevent motor vehicle accidents
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You can tell people about the dangers of drinking and driving or text driving, but sometimes more extraordinary measures need to be taken to ensure that people don’t do it.
The U.S. government is encouraging automakers to install technology that doesn’t let people drive when they are drunk or not properly buckled in more vehicles. Currently, these features are available in high-end vehicles and the National Highway Traffic Safety Administration believes some of this technology could dramatically reduce motor vehicle collision fatalities.
Seatbelt interlocks can vary on what happens if drivers aren’t buckled in. They can prevent drivers from starting the vehicle, it could prevent drivers from switching to drive or it could force drivers to drive below a certain speed if they’re unbuckled. Automakers are more likely to install systems that ensure all vehicle occupants are buckled in rather than design a vehicle to prevent injury for an unbuckled occupant that’s thrown around during a crash. In 2010, there were 34 driver fatalities and 40.4 passenger fatalities from motor vehicle accidents where victims were not wearing seatbelts, according to Transport Canada. There are also more statistics about those who are seriously injured from not wearing a seatbelt. Seatbelts save the lives of up to 1,000 Canadians a year, according to a Transport Canada report.
There are driver alcohol detection systems in 20 U.S. states that are required for drivers that have been arrested or convicted for intoxicated driving, but the federal government hopes to expand that to all states. Those systems require drivers to breathe into a tube to test their blood alcohol level before starting the car. But automakers are working on systems that can detect a driver’s blood alcohol level when they put their hands on the steering wheel, push a start button or by breathing while inside the vehicle, according to the Associated Press. There’s a hope to have these systems in all vehicles, whether you’ve been convicted of driving intoxicated or not. Unfortunately, that technology could take half a decade to develop. But they could be worth the wait, since 75 per cent of convicted intoxicated drivers were less likely to drive drunk, according to studies.
While Collision Avoidance Systems could automatically slam on the brakes when it detects that a vehicle is getting to close to another. This is one of the most common types of vehicle accidents in the United States.
Other cars currently have blind spot monitoring, which notifies you when there is another vehicle in their blind spot, lane support systems, which notifies you when you’ve unknowingly drifted into the next lane when there’s another car and cameras, which help you back in or out of a parking spot. There’s also parental control that lets parents limit the speed if their teen child is driving and night vision pedestrian detection that warns drivers of pedestrians on the road, which would could curb the number of crashes that occur after the switch in daylight savings time.
Meanwhile, Vancouver’s city council is debating whether they should allow drivers to prepay to park in city parking spots overnight. This is already being done in Seattle. But there still needs to be more innovation towards stopping distracted driving, which has caused more accidents than impaired driving in some provinces.
Motor vehicle accidents happen and accident benefits are available to anyone involved in a motor vehicle accident regardless of who caused the accident. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Canada’s hospitals could improve its readmission rates
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When you’ve broken your leg or need surgery for appendicitis, you always assume that the hospital is the safest place to be treated. Unfortunately, sometimes this isn’t always the case.
Canada’s hospitals give cancer treatments to patients in a timely manner, but there have been longer wait times for joint replacements, according to a recently launched website, OurHealthSystem.ca, by the Canadian Institute for Health Information (CIHI). The website lets Canadians gain insight into how well Canada’s healthcare system is working for them including information on readmission rates after 30 days of discharge, deaths in hospitals and disease promotion.
While hospital deaths have dropped within the last five years by 18 per cent, unfortunately one in 12 patients is readmitted within a month of leaving. Also, if you have a family member or relative in a long-term care facility, they might be one of three residents being given antipsychotic drugs that they don’t need since they haven’t been diagnosed with psychosis.
Also, a recent report by the CIHI shows that Canadian hospitals place well compared to countries around the world for wait times for cataract surgery (median wait of 46 days), hip replacement (median wait of 87 days) and knee replacement (median wait of 106 days). But international surveys dispute this information since Canadian patients have one of the longest wait times to gain access to a specialist.
Canada’s doctors could also work towards improving double checking whether there’s been a foreign objects, such as sponges and medical device parts, left in a patient after surgery. Its performance was among the worst, says the report. Unfortunately, leaving foreign objects in a patient after a procedure is a common error that takes place in emergency rooms. A Yukon court recently awarded a woman $60,000 after two doctors failed to remove her intrauterine birth control device. She endured abdominal cramps and chronic pelvic pain for 20 years, when the doctors couldn’t find the device and assumed that it had already been removed during her abortion.
Also, Canada’s hospitals could improve their obstetrician care since 17 per cent of instrument-assisted vaginal deliveries result in a tear to the woman’s perineum during birth, while three per cent of deliveries without an instrument result in a tear to that area during birth. If the obstetrician uses an instrument to help them deliver, trauma rates are nearly six times higher than if they deliver without any tools. While these rates can be improved by training in perineal protection or constant monitoring during labour, the report adds that Canada may do worse in this indicator because of its detailed data collection. Childbirth is a fragile time for both the mother and the newborn and obstetrician can be found liable for any injuries during this time.
You might not realize this, but hospitals are also battling the risk of infections with researchers estimating that 8,000 to 12,000 patients die each year from an infection they acquired from a hospital, according to the Globe and Mail.
Hospitals are working towards improving their work environment with a Nova Scotian hospital creating a medical mistake registry that must have mistakes reported within 12 hours, which allows the province to identify trends or problem areas, Health Minister Leo Glavine told the CBC.
Also, a recent article in the journal BMJ Quality and Safety suggests that hospitals restructure their work weeks to remedy the “weekend effect,” where patients are unfortunately more likely to die due.
If you’ve been injured by negligence by a doctor or healthcare worker, you can be compensated. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling all types of injuries for over 40 years including injuries from negligent medical workers. We understand the impacts injuries can have on your life and we know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.
Ontario adopts tougher unlicensed daycares policy
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Ontario’s education ministry is cracking down on unlicensed daycares by introducing dramatically higher fines and the possibility of shutting down a daycare within its newly introduced legislation.
The new Child Care Modernization Act, if passed would replace the Day Nurseries Act, rose the maximum fines to $250,000 from $2,000, if caregivers are prosecuted in court for illegal offences. Caregivers may also be charged a $100,000 penalty for each discovered infraction.
Also, the ministry will be able to shut down a daycare immediately if it’s suspected that the kids are in danger. Currently, officials had to go to court to issue fines and shut down daycares, according to the Toronto Star.
Unlicensed daycares will continue to only care for a maximum of five children, but their own children, if under six-years-old, will also be included in this number. They will also be required to follow similar regulation as licensed daycares in regards to only caring for two children under two-years-old, Minister Elizabeth Sandals told the Toronto Star.
Licensed home childcare providers will also be able to raise three maximum number of kids they care for to six from five. This is expected to create an extra 6,000 spaces in licensed daycares. The Education Act will also push school boards to offer before- and after-school programming for six- to 12-year-olds where there is enough demand.
Any private schools caring for more than five children under four-years-old will need to be licensed. While care provided by relatives, nannies, babysitters, day camps, play areas in stores and recreation programs does not need to be licensed.
Childcare advocates applaud the proposed legislation, but unfortunately this comes about after a two-year-old died in an unlicensed Vaughan daycare, which also had unhealthy conditions for the other 27 children the caregiver was looking after. Since then, the family of the child filed a $3.5 million lawsuit against the childcare provider and the Ontario Ministry of Education.
Meanwhile, the specific age restrictions are one step towards improving Ontario’s lax attitude towards unlicensed daycares compared to other provinces, according to the Toronto Star.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling all types of injuries and wrongful death cases for over 43 years including those arising from negligent supervision of your children. We understand the impacts injuries can have on you and your family’s life and we know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.
How acquired brain injury survivors improve their working memory
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When you go grocery shopping with a budget, you pick up the items you need, do a quick mental calculation to ensure you haven’t gone over your budget and then proceed to the checkout. Being able to do mental arithmetic is one example of your working memory being put to work. Your working memory allows you to hold onto some information in your mind for some time, which you then use in your thinking.
But everyone has limits to their working memory. For example, if you are distracted you can lose the information within your working memory, there’s a limit to how much information you can hold and if you are handling something that requires a great deal of mental capacity, then you’re unable to store much more information in your working memory. Also, once you’ve lost the information in your working memory, there’s no retrieving it and if you’re doing mental calculations, all you can do is start over.
Unfortunately, if you have an acquired brain injury, which could be the result of a motor vehicle collision or a skiing accident, many individuals’ working memory is affected. This results in forgetting easily, being unable to multitask and becoming easily distracted.
Through rehabilitation, acquired brain injury survivors can slowly improve their condition, but it’s a long journey to recovery.
To improve their working memory, it’s important to be repetitive when it comes to relearning, an example would be to use flash cards if you’re relearning to speak, which can also serve as memory aids and decreases the working memory’s load. It’s important to break down the English into chunks, this way the information is retained. And it’s also important to continuously review the material over and over again to ensure that it sticks. Brain training is also shown to help improve working memory, according to research published in the Psychogical Science journal.
But the rehabilitation program you go through has an effect on your outcome, according to recent research by the Baylor Research Institute. Discharge outcomes varied by 25 to 45 per cent between the best and worst-performing, says one of the investigators.
After the media reported that F1 champion Michael Schumacher was in critical condition after a skiing accident from a head injury, former downhill skiing Olympian Dave Irwin shared details with CTV about recovering from an acquired brain injury after a ski accident in 2001. Prior to that, he’d suffered multiple concussions as well. His injuries include severe memory loss, relearning English and coordination. A decade later, Irwin can now talk and hold conversations with one or two people, but more than that becomes difficult and he continues to experience short-term memory loss. A year after his incident, he was able to ski the run that nearly killed him. And in March 2002, he created the Dave Irwin Foundation for brain injury to help fund research, assist in the recovery for brain injury survivors and to raise public awareness about acquired brain injury.
If you have suffered a brain or spinal injury, your life might have significantly changed. Neinstein Personal Injury Lawyers are here for you and have been handling all types of injuries for over 40 years. We understand the impacts they can have on you and we can help fight your case. Call us at 416-920-4242. Set up a free consultation and come chat with us.
Don’t cross train tracks unless you’re at a designated crossing
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If you have train tracks along your route, it might seem like a quick and easy shortcut. But train tracks are very dangerous and it’s always safer to take another path to your destination.
It might not be known, but if you enter railway property, it is considered to be trespassing. Trespassing on a railway track is considered a federal offence and you could be charged more than $500. Some provinces even add on additional fines of between $100 to $300, which is a pricey amount to take a shortcut.
It’s important for people to stay away from train tracks, bridges or tunnels since there are dozens of ways people can be injured by being nearby. A stopped train can suddenly start moving or rocks or trash on the tracks can be flung at you when a train crosses the track. These could even cause the train to come off the tracks and crash.
Trains travel at varying speeds on the tracks, but the average freight train travelling at 100 kilometres/hour takes about 2 kilometres of space to come to a stop. A passenger train travelling at 160 kilometres/hour requires the same distance as well. The average locomotive engine train weighs about 110 tonnes, while a car weights about two tonnes. This means that in many cases, unfortunately a train is unlikely to stop in time if there is a person on the track.
In January and February of 2013, there were 42 reported crossing accidents in Canada with 12 of these resulting in fatalities or serious injuries, according to Transport Canada. There were 8 reported trespasser incidents within the same timeframe and all of these resulted in fatalities or serious injuries.
In 2012, there were 189 crossing accidents with 31 fatalities and 32 serious injuries, while there were 71 trespasser incidents with 47 fatalities and 20 serious injuries. Unfortunately, these numbers have gone up since 2011.
Any person on foot, bicycle or ATV should never cross rail tracks, unless it’s at a designated pedestrian crossing. For parents, it’s especially important that kids don’t wander near railways. And even when you’re crossing a designated crossing, it’s important that you are alert of your surroundings and that you turn down your music before stepping onto the tracks.
Unfortunately, there was a recent incident south of Edmonton where two seniors were killed by a railway crossing. An elderly man tripped and fell onto the tracks at a major railway crossing and his elderly female travelling companion went back to help as a train barrelled down towards the duo. While the crossing was working properly and the train blew its whistle and put on its emergency brakes, unfortunately both elders were hit and they died at the scene.
Also, this winter, GO Trains in Ontario have struck multiple pedestrians. All three accidents in Oakville, Mississauga and Aurora were unfortunately fatal.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling personal injury claims for clients throughout Ontario for more than 40 years, and we know how to get you compensation if you or a family member has been injured in a public transit accident. Call us at 416-920-4242 to set up a free consultation. Come chat with us!
Ontario has seen 5 snowmobile fatalities this season
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It’s great to embrace the snow and cold by enjoying winter sports, but don’t forget to stay safe while spending time outdoors.
Snowmobiling is a fun, family outdoor activity and it’s fun riding on snowy paths and up and down hills. Snowmobiles were initially created to help hunters and other workers travel across the snow, but since then it’s become a recreational sport. Unfortunately, some snowmobile riders aren’t careful.
From January 18 to 26, the Ontario Provincial Police and the Ontario Federation of Snowmobile Clubs ran Snowmobile Safety Week. While there are many locations for snowmobilers to ride, everyone needs to be aware of the sport’s risks.
In Ontario, there have been five fatal snowmobile collisions that took place on roads this season, according to the OPP. In all of these accidents, unfortunately speed was a factor. When riding a snowmobile, it’s important to travel at a speed that the snowmobile rider is comfortable at, but also consider the weather and the condition of the ground they are travelling on. You may want to reschedule your plans or be extremely careful if there’s heavy snowfall, high winds, when there are snow banks and when visibility is reduced or close to zero.
Along with watching your riding speed, where you ride affects your safety. The OFSC maintains designated trails which are marked and regularly patrolled. Avoid riding on roads due to possible traffic and lakes due to the possibility of falling through. If you also don’t ride in unfamiliar terrain or private property, you’re less likely to run into trouble while you’re out there. You can visit the OFSC website to check the status of the trails before you head out.
Also, make sure you stay warm by eating before heading out and drinking lots of water. Wear the right gear by layering your clothing and wearing clothes that can help you release moisture and you are required to wear a helmet. There are also heated accessories you can use, such as an electric vest, gloves or boot inserts. Don’t forget to bring along some snacks and water to have when you take a break from your ride. Also, tell someone before you go out and let them know of the trail you plan to use as well. For more snowmobile safety tips, visit the Ministry of Transportation website.
Drivers near snowmobile trails should also be careful when driving during times of low visibility, but snowmobile drivers also need to abide by traffic laws, such as following speed limits and trail signs, using hand signals when turning and never driving impaired. A Bobcaygeon snowmobile driver was recently charged after he ran into a vehicle after failing to stop at an intersection. Luckily, the snowmobile driver was treated for minor injuries, while the vehicle’s driver and passenger were unharmed.
Accident benefits are available to anyone involved in a motor vehicle accident. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Ontario government plans to reduce car insurance rates
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Owning a vehicle in Ontario can be pricey thanks to our sky-high auto insurance rates, which is five times more than other provinces, but vehicle owners will soon be given some relief. The provincial government aims to reduce rates by eight per cent by August 2014 and reduce it by 15 per cent in the next two years.
The plan was proposed by the NDP since in the past two years, auto insurance companies are paying less in accident benefits. Insurance companies paid $300 per vehicle in Ontario in 2012, which dropped from $764 in 2010, says the Financial Services Commission of Ontario. But the average premium hasn’t dropped for drivers.
According to Canadian Underwriter magazine, some of the steps the government plans to take to reduce the rates are:
- Providing the Superintendent of Financial Services with authority to require insurers to re-file rates
- Continuing to crack down on fraud, including licensing health clinics that invoice auto insurance companies
- Reducing unexpected costs by making the Superintendent’s Guidelines on accident benefits binding
- Exploring other cost reduction initiatives, including provincial oversight of the towing industry and addressing collision repair practices
- Continuing to require insurers to offer discounts for consumers with safe driving records
- Helping ensure that all regions of Ontario benefit fairly from cost savings.
Meanwhile, usage-based policies, which uses an electronic device to track driving habits, are launching in Ontario. It’s expected that these policies will drop car insurance rates for good drivers by an additional 15 per cent, which could mean a total of 30 per cent in reduced rates two years from now. Many countries have already embraced usage-based policies, which include the United States, United Kingdom and parts of Europe.
Car insurance rates could also become more affordable for teens since a Quebec program aimed at young adults between the ages of 16 to 24 is expected to available in Ontario next year.
If you own a car in the GTA, insurance costs you about $1,500 a year, according to the Insurance Bureau of Canada. Factors that affect your auto insurance rates include driving experience, driving record, vehicle use and location, vehicle type and the amount of coverage you choose.
While lower costs are beneficial to any household, it’s also important to consider how much coverage you would like. The Insurance Bureau of Canada details the minimum required auto insurance coverage in Ontario, but it may be beneficial to pay close attention to the accident benefits coverage your company offers.
In the unfortunate scenario where you require collecting vehicle accident benefits, the personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Expert Bias: Is the use of an expert a good thing or a bad thing?
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Expert witnesses can be a great help in court cases since they help break down complex topics into layman’s terms.
Health professionals or engineers may serve as expert witnesses since it may be difficult to understand either a health injury or the events that unfolded during a motor vehicle accident. In the case of a health professional, they may be asked questions about the facts of the case or they could give their opinion on an injury that could provide forensic evidence towards the court case.
Expert witnesses are chosen by lawyers based on their credentials and professional experience. They are typically hired by one side, but they face examination by the other during a trial.
While experts can be a great help, unfortunately one of the largest issues with using them is that they may have adversarial bias, according to Lawyers Weekly. Expert witnesses are supposed to be objective, but just like any person, they can’t help but be subjective, especially when they form certain perceptions about the case and in many cases, there are high stakes for the party during the trial.
One recent court case in Nova Scotia highlights this issue. The judge gave a leave to appeal from judgment in White Burgess Langille Inman, carrying on business as WBLI Chartered Accountants, et al. v. Abbott and Haliburton Company Limited, et al. The main issue behind the case was whether a report from an expert witness should be removed since the expert’s evidence was questioned as whether it was independent. A forensic accountant used was a partner of one of the accounting firms involved in the dispute.
There was a personal injury case in British Columbia that highlighted this issue when one party was seriously injured in a car accident. The party filed a claim against Suzuki Motor Corporation, General Motors Corporation, General Motors of Canada Limited – General Motors Du Canada Limitee, Cami-Automotive, Inc., Stingray Holdings Ltd., formerly known as Sunshine Motors Ltd., and Anchors Away Worldwide Cruises Inc., formerly known as Sunshine Motors (1994) Limited in Beazley v. Suzuki Motor Corporation. An issue that came up during the trial was a testimony by an expert witness, an engineer that worked with GM for 32 years, and the defence argued that the witness’ bias should disqualify his status as an expert.
The topic of which experts lawyers is a debatable issue among class action lawyers since their suits are particularly reliant on expert evidence, according to the Financial Post. Some lawyers would like to see judges scrutinize an expert’s evidence before the case goes to trial, says the Post. If an unqualified expert makes it to trial, then it can hurt one side’s case.
Another issue to consider with using an expert witness is that they make litigation more expensive. But there is a move towards allowing multiple experts to present their evidence together during a trial, known as hot tubbing, which has become common in Australia and can be used in some Canadian provinces. If used appropriately, it’s known to reduce the cost of litigation and the length of the trial.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling all types of injuries for over 40 and we can help choose the right expert witness at your trial. We understand the impacts injuries can have on your life and we know how to help you. Call us at 416-920-4242. Set up a free consultation. Come chat with us!
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