Pleading in Civil Action in Canada

Pleadings function to include written statements of the parties to an action, served by each party in turn on the
other, and filed in court, which set forth in a summary form the material facts on which each party relies in support of the claim or defence, as the case may be.

By the time the pleadings are closed, there will be a precise definition of the issues between the parties.

There are 3 fundamental principles of pleading:
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Commencement of Civil Action in Canada

Generally one has to go through a checklist of issue identification to verify that your legal problem is something capable of starting in Queen’s Bench. that checklist would inclue:

Conditions Precedent (will depend on who you are suing)

Limitations on Right of Action

Suspension of Right of Action

Extinction of Right of Action

All whilst considering: Choice of Venue & Change of Venue


The Symptoms of Whiplash and Possible Side Effects

Most people have heard of whiplash, but few actually know exactly what it is and how severe it can be. Essentially, whiplash is the stretching of the ligaments in the head, neck and shoulders. In medical terms, this is called “hyperextension” or is often referred to as a “sprain”. The most common cause of whiplash is after a road traffic collision, when the seatbelt keeps your body still, but your head is thrown forward.
In most cases, whiplash only lasts for a few weeks or months. However, around 15% to 20% of people who suffer whiplash go on to experience long-term chronic pain. In addition, even if symptoms of whiplash do stop, it doesn’t mean the head or neck ligaments are fully repaired and even a small jolt could bring on the symptoms again.

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What if the xray ‘says’ there’s nothing wrong?

xray Post courtesy of Calgary injury lawyer Brian Conway.

When your involved in a collision you may discover that your injuries aren’t necessarily obvious in the first wave of diagnostics. You should be aware that certain tools, such as x-rays, may not tell the whole story about your your injuries.

You want to ensure that your injuries have been properly diagnosed so you are aware of the level of compensation you should be entitled to.

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How Much Should You Pay for an Injury Attorney?

Most injury lawyers will work on an agreement that they’ll be paid out of the settlement you receive. That means they’ll work for free. Kind of. Sometimes payments, especially those that go on for a long period of time, will amount to 40-50% of your settlement. The total value is dependent on how complex and long your case is.

It can amount to a lot of cash tomorrow, but generally this is the only way one can afford representation.

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3 Reasons to Take Care of Your Criminal Record

From the misdemeanour to the felony, once individuals complete their time many turn their life around. The process to get back on track can be a long one, but during that time you’ll want to be mindful of some future issues to be ready for. If you have or had a criminal record there are certain life situations that may be impacted.

The Job Interview
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Shoot First, Ask Questions Later – Bush Style

In true Bush style, the legacy left behind from Jeb Bush’s tenure as governor was the 2005 “Stand Your Ground” law which essentially says a citizen doesn’t have to retreat before using deadly force against an attacker. This issue comes to the forefront after a white (Hispanic?) block watch captain shot and killed a black teenager from the same community.

Police in the central Florida town of Sanford have said that 28-year-old George Zimmerman says he shot 17-year-old Trayvon Martin in self-defense during a confrontation in a gated community. Police have described Zimmerman as white; his family says he is Hispanic and not racist.

This is precisely what happens when lobbyists wield too much influence. Pro Republican and gun toting Floridians championed the changes. In that span justifiable homicides have gone way up (many with heartbreaking stories). Continue reading Shoot First, Ask Questions Later – Bush Style

Poor and Nice – Doctors Who’re Never Sued Twice

Or even once. One of the huge downfalls of the privatized healthcare system in the USA is how a litigious society impacts healthcare. Doctors themselves, and nurses, have to take out insurance policies to protect themselves from impending lawsuits (that in the course of a career can happen multiple times due to legitimate reasons like gross negligence to frivolous lawsuits). THe former of course will face more lawsuits in his or her career.

Rising legal costs and the cost of insurance push up healthcare costs, then those rising costs are passed on to the patient or the state (thus the patient thru taxes).

Is there anyway to reduce the number of lawsuits if you’re a doctor? Turns out there is.
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