Crucially, the Statement of Claim does not contain evidence. It does not attach exhibits. It does not argue credibility. It does not swear to the truth of facts. Its role is structural, not evidentiary.
One of the most common errors made by self-represented litigants is treating pleadings as an opportunity to tell their story
Vague or generic accusations won’t suffice – the defense needs to establish on a balance of probabilities that the plaintiff breached a duty of care and that this breach contributed to the accident or the plaintiff’s injuries.
When Can a Defendant Successfully Claim Contributory Negligence? Read Post »
These rules mean that if you have only relatively minor or transient injuries, you will likely recover nothing for pain and suffering in a car accident lawsuit. For example, if you suffered some aches, bruises, or emotional upset that fully healed in a short time, your injury won’t meet the “permanent serious impairment” threshold – your claim for non-pecuniary damages is barred by law
Navigating Ontario’s Threshold and Deductible for Pain and Suffering Damages Read Post »
The doctrine of discoverability means that the limitation period does not necessarily start on the date of the negligent act or injury itself, but rather when the plaintiff becomes aware (or ought to have become aware) of the key facts giving rise to the claim[
Limitation Period and the Doctrine of Discoverability in Ontario Read Post »
