Date: Wed, 1 Feb 2006 07:28:38 -0500

From: David Cheifetz

Subject: Young v Bella 2006 SCC 3

There are some words missing from the 4th paragraph. I insert them in capitals.

Young, until it's overruled or limited, means it's lawyers' negligence, in Canada, for any lawyer to sue personal injury claims WITHOUT A JURY if a jury is allowed under applicable provincial law.

While I might have added, "in serious cases", I'm not sure that limitation is correct. One of my partners reminded me. This is because, regardless of what judges say we're not supposed to do, in practice we do use a scale to value, and settle, non-pecuniary damage claims for less serious injuries, as a consequence of the cap on the catastrophic injury claims. However, if the cap is gone, the value of the minor injuries will go up.

David

<<<< Previous Message  ~  Index  ~  Next Message >>>>>