Derivative but Separate: Section 61 of the Family Law Act
When someone is injured in a car accident, it is not just their life that is affected. Their family’s lives may be affected as well.
When someone is injured in a car accident, it is not just their life that is affected. Their family’s lives may be affected as well.
The Ontario Court of Appeal recently mandated a small adjustment to the standard jury charge in rear-end motor vehicle accidents.[1] The court also strongly confirmed that when one car runs into another from behind, the driver of the rear car has the onus to satisfy the court that the collision did not occur as a result of his negligence.
An unnecessary bureaucracy has spawned from the 2004 decision of the Court of Appeal in D.P. v. Wagg (2004), 71 OR (3d) 229, 239 DLR (4th) 501.
D.P. v. Wagg was a civil sexual assault case. There had been a criminal sexual assault charge arising from the same incident which gave rise to the lawsuit, and the plaintiff in the civil suit wanted production of the Crown brief. The defendant in fact had possession of the Crown brief, having received it in the criminal proceedings, and the plaintiff did not.
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