Learn More about the Legal System with Our Blog

The legal process can be frustrating and confusing to the layman, but a professional Hamilton lawyer such as Harvey Katz can help you navigate the legal landscape while working to achieve the best possible outcome for your legal issues. We have started this blog to familiarize our clients with how the law works in various scenarios so that they are better prepared if it does become necessary to take a case to court. Be sure to check back often for updates or give us a call to schedule a no-obligation initial consultation.

Brendan Sullivan

Brendan Sullivan
BA (Hon), MA, LLB – Associate

  • 29/04/2020
    What Is a Notice Letter?

    If you have sustained an injury that is the result of the negligence of another person, you could have an action for damages. Your entitlement to damages begins at the moment you suffer your loss. However, as anyone who has brought a lawsuit before knows, you will not get paid for a long time.

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  • 29/04/2020
    What Is the Threshold and Who Meets It?

    The threshold is a test used by the court to determine whether an accident victim should be allowed to recover money for pain and suffering, also known as “general damages”. The threshold is sometimes a controversial test, because even in a jury trial it is decided by the judge after the verdict has been delivered. Therefore, a jury may award a large amount of money but if the judge disagrees, and the Plaintiff fails to ‘meet’ the threshold, they will not be entitled to the money awarded by the jury. According to the Court of Appeal, “The legislation is clear: the judge must decide the threshold motion, and in doing so, the judge is not bound by the verdict of the jury.” (Kasap v. MacCallum, 2001 CanLII 7964 (ONCA))

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  • 29/04/2020
    What Information can Parties to a Lawsuit Collect about Me?

    Privacy is an important issue for everyone, and the Plaintiffs must understand that beginning a lawsuit for personal injuries will lead to a loss of some privacy. As mentioned in previous posts, medical and employment records are always collected as part of a personal injury case. Your pre-accident health and employment status is something the Defendants have a right to know.

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  • 29/04/2020
    In the News: Family of Jon Styres Suing Man Who Killed Him for $2m

    Khill was acquitted of murder this week but is also facing a civil suit over his actions that night.

     

    Dan Taekema · CBC News

     

    The spouse and two daughters of Jon Styres are suing the man who shot and killed him for damages totalling more than $2 million, alleging Peter Khill shot the First Nations man twice as he "fled."

    Court documents filed on Jan. 31, 2018, layout the suit filed by Hamilton's Hooper Law Offices on behalf of Lindsay Hill and her daughters, ages two and four.

     

    Khill, a former Canadian Forces reservist, admitted he shot and killed Styres in Feb. 2016. He was found not guilty of second-degree murder Wednesday after a two-week trial in Hamilton Superior Court.

     

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  • 29/04/2020
    How to Be an Effective Second Chair at Trial

    As Plaintiff's counsel, you have to be ready to start presenting your case from day one. If your matter is proceeding with a jury, obtain a copy of the jury panellist from the sheriff at your courthouse. Have the file organized and ready to transport on the first day of trial. If you require televisions, projectors, screens or any other demonstrative equipment – do not rely on the Court to have it. Bring your own if you possibly can even as a backup to keep the proceeding moving smoothly.

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  • 29/04/2020
    What Is a ‘Form 1’ and Why Do I Need It to Get Accident Benefits?

    If you are seriously injured in a car accident, there are many benefits available that a personal injury lawyer can help you apply for. One of these benefits is called ‘attendant care’ and it relates to services provided around the home.

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  • 29/04/2020
    What Makes a Dangerous Step?

    Stairs and steps in Ontario are regulated by law under the Occupiers’ Liability Act. According to section 3(1) an occupier owes a duty to take reasonable care to ensure persons on their property are reasonably safe.

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  • 29/04/2020
    What Is Public Nuisance?

    In Ontario, most cases that arise from a slip, trip or fall will be pursued under the Occupier’s Liability Act, which is a law outlining the duty to take reasonable steps to ensure a property is reasonably safe. This law specifically replaced the ‘common law’ duty of occupiers that was developed by the courts.

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  • 29/04/2020
    What Is Bad Faith in My Long Term Disability Claim?

    A long term or short term disability insurer has a contract that outlines the rights and obligations of both parties. Every contract is different and provides different benefits and procedures that must be followed.

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  • 29/04/2020
    What Happens If My Spouse or Boss Refuses to Give Evidence at Trial?

    A common issue in personal injury claims that client’s raise is how their close relatives or co-workers will be involved in their lawsuit. A close relative can sometimes bring a claim pursuant to the Family Law Act which has its own set of risks and rewards that should be discussed with a lawyer. This article is going to focus on those who do not bring a Family Law Act claim.

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  • 29/04/2020
    How Will My Health Records Be Used in a Trial?

    Personal injury litigation begins with the collection and sharing of all your health records with the lawyers and parties involved in your action. This article will explain some of the ways your health records will be used by the lawyers at trial.

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Information

Harvey Katz Law Office
14 Hess St. S
Hamilton, ON

L8P 3M9

Phone: 905-523-1442

Fax: 905-525-3817

Hours

Monday - Friday: 09:00 AM - 06:00 PM
Saturday - Sunday: Closed

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