Gluckstein Personal Injury Lawyers

Causation: How to Ask the Right Questions

where multiple events cause harm, an improperly framed causal question may fail to find causation where causation is known to exist.

Labour Progress and Fetal Safety

Prolonged or stalled labour can be a factor in poor neonatal outcomes.

Artificial Intelligence Hallucinates Case Law Introduced In a Canadian Court

The misuse of artificial intelligence (AI) has found its way into Canadian courts - and it was an officer of the court who was ultimately responsible for bringing it there.

AI Negligence: When Is a Company Liable For Damages

I examine a widely-publicized small claims court case between Air Canada and a passenger. T

Supporting LGBTQ2S+ Pride With More Than Just Empty Words: Why a Personal Injury Lawyer Should Understand You and Your Community

Whatever shape their business takes, however, lawyers seeking clients from specific communities, such as the LGBTQ2S+ community, owe it to the community to provide more than just "lip service allyship."

A Guide for Childhood Sexual Abuse Survivors

This booklet is to help you understand your options and, in particular, help you decide whether suing those responsible for the sexual abuse is the right choice for you

Hazing in Sports: Abuse and Assaults Not "All in Good Fun"

Hazing can often involve degrading, demeaning, humiliating, or even dangerous activities meant to put new recruits in their place and to determine just how badly they want to be part of the established group

Can you file a medical malpractice lawsuit without a lawyer?

The short answer is you shouldn’t

When Money Isn’t the Motivator for Justice in Wrongful Death Cases

Does putting a price on a person’s life devalue it? If money can’t bring the person back, what’s the point in even pursuing a lawsuit?

Can Passengers Injured in an Auto Accident Sue?

Is a passenger who is injured in a motor vehicle accident entitled to compensation? The short answer is yes, but there are a few variables to consider.

Can Surveillance Be Used to Disprove LTD Claims?

their actions are being observed, the experience can be extremely stressful. Some people report feeling like they are being treated like 'criminals' even though they have done no wrong. If your claim has been denied or terminated or you feel your rights are being infringed by constant surveillance, you should consider seeking legal advice.

We Need To Be Better Than 'Good': When Lawyers Dishonour the Profession Through Sexual Abuse

Can someone be of "good character" and also be "an ongoing risk to children"? Many people would find it difficult to square that circle.

When Inflicting Pain And Suffering Is Intentional: The Cap on General Damages Does Not and Should Not Apply for Survivors of Sexual Misconduct

Survivors and society at large deserve to see awards above the cap as an acknowledgement that, individually and collectively, we find these acts repulsive, reproachable, and an affront to our human rights.

Addressing the Impact of Clergy Sexual Abuse

Clergy sexual abuse is a widespread issue especially in historical contexts.

One More Tool in the Toolbox: Reflections on the Online Harms Act

On February 24, 2024, the Canadian government brought its long-awaited Online Harms Act (Bill C-63) to Parliament.

Government Auto Insurance Plan Has the Potential to Put Consumers at Risk

The question that must be asked with provincial government's plan to reform auto insurance is whether the initiative is truly in the best interests of consumers and the public at large

Why Is Consistent Medical Treatment Important in Disability Cases?

A successful disability claim must include a chronological narrative of your medical history, treatments and diagnoses. That type of medical evidence can only be gathered through regular and ongoing medical care and careful tracking of any reports given by experts along the way. These records can provide a glimpse into the daily challenges and adjustments you face due to your disability.

Class Action and Mass Torts Are Effective Tools in Personal Injury Cases

Class action or mass tort litigation can provide justice for an increasing number of claimants who are facing an unfair playing field

Are We Seeing a Positive Paradigm Shift in Our Justice System? Trauma-Informed Trial Guidelines for Ukraine International Airlines Flight 752

In this blog post, I will discuss how, in my role as counsel for a number of plaintiffs in S. v. Ukraine International Airlines JSC, 2024 ONSC 3303, I worked on developing the trauma-informed guidelines that were used to manage this trial.

Injured, But With No Motor Vehicle Insurance?

Uninsured Motor Vehicle Accidents and Statutory Benefits

How Do LTD Claims Work and Why Do I Need a Lawyer

Insurance is something you hope to never need to access. When you do have a claim, however, it can be frustrating if the benefits that have been faithfully paid for are denied.

Cost Award Like a ‘Bomb Going Off in the World of LTD Litigation’

A long-term disability (LTD) insurance case involving a woman wrongfully denied benefits even though she suffered from a serious brain bleed was recently awarded almost $3 million in damages, past benefits and court costs and could be a “game changer for disability litigation”

What Are Liability Waivers and Are They Valid in Ontario

The law surrounding liability waivers in Ontario is constantly evolving

When the Immune System’s First Fight Isn’t Fair: Newborn Infections

Common neonatal infections, and how medical negligence can result in delayed or incorrect treatment, and how this can ultimately lead to a poor outcome for the infant.

Shedding Light On Sexual Abuse - What Are A Survivor’s Options

It’s very important to remember that every survivor’s story and circumstances are different, and each survivor must be empowered to choose what, if anything, they want to do about the harm they suffered

Artificial Intelligence Hallucinates Case Law Introduced In a Canadian Cour

The misuse of artificial intelligence (AI) has found its way into Canadian courts

What Crown Ward Sexual Abuse Survivors Need to Know

Confusion About The Claim and an Inadequate Proposed Settlement

AI Negligence: When Is a Company Liable For Damages

When a customer suffers a financial loss or other harm as a result of misinformation negligently communicated by a company, we’d hope that the business would accept responsibility and offer the customer appropriate compensation. But what if a company tries to shift blame elsewhere?

Technology Has the Power to Improve the Legal Profession

Technology Has the Power to Improve the Legal Profession

Identifying, Adjusting, and Adapting: How Trauma-Informed Lawyering Helps Both Clients and Lawyers

Identifying, Adjusting, and Adapting: How Trauma-Informed Lawyering Helps Both Clients and Lawyers

A Cautionary Tale For the Role of Expert Evidence at Trial

A Cautionary Tale For the Role of Expert Evidence at Trial

Know Your Rights as a Survivor of Sexual Violence

Know Your Rights as a Survivor of Sexual Violence

Can I Make a Claim If I Have Been Injured At a Short-Term Rental?

Can I Make a Claim If I Have Been Injured At a Short-Term Rental?

Understanding Long-Term Disability Insurance

Understanding Long-Term Disability Insurance

Insurance Claimants Could Benefit from SCC Intervention

Insurance Claimants Could Benefit from SCC Intervention

Cost Awards Shouldn’t be Profit Centres for Insurers: Rastin

Cost Awards Shouldn’t be Profit Centres for Insurers: Rastin

Unexpectedly Early: Supporting Premature Babies & Their Families

Unexpectedly Early: Supporting Premature Babies & Their Families

Embryos, Eggs & Errors: Examining Fertility Clinic Negligence, Part 1

Embryos, Eggs & Errors: Examining Fertility Clinic Negligence, Part 1

Causation on trial - a call for change

At the outset, I think we should accept that a comprehensive and all-encompassing definition of causation may remain elusive, but something less extensive will suffice for the vast majority of cases that confront lawyers and courts. There is a scarcity of reported cases where causation is truly a problem. Thus, the objective of this paper is practical.