My last article provided an
overview of wrongful death law
in Ontario with respect to formulating claims for damages when
representing clients of deceased.
I concluded with briefly touching
on the sometimes complicated
issue of an injured victim
suffering before death and
whether that suffering was compensable at law.
There are various issues to
address when somebody dies of
injuries. The first and most
obvious is whether that victim (or
his or her family) had retained
counsel prior to death. If the victim had retained counsel prior to
death and had commenced an
MATT
LALANDE
action for personal injuries, then
there must be a transfer of interest made from that deceased
plaintiff to his or her estate—
which would be represented by
an executor.
This transfer of interest is
completed by obtaining an Order
to Continue under Civil Proced-
ure Rules 11.01 and 11.02. If an
estate fails to obtain such an
order within a reasonable time
post-death, then a defendant
could move to dismiss an action
based on delay.
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An oddity in Personal Injury Law
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PERSONAL INJURY LAWYER
Malhotra, Stayshyn LLP & Wilson is a leading
personal injury firm based in Hamilton.
We have a satellite office in Cayuga. We also
serve clients at various locations, including
Niagara Falls, Mississauga and Brampton.
It is an excellent opportunity, if you have an
entrepreneurial spirit and are interested in
servicing and growing a client base in Hamilton
and other satellite locations of the firm.
You preferably have 8+ years experience.
You may already have a client base and may be
interested in merging with our firm.
If you are interested, then please email in
confidence to Ted Stayshyn
ts@mswlawoffice.com
905-777-0070 ext. 24
As if getting hit by a train on
the way to catch another train
isn’t bad enough, 18-year-old
Hiroyuki Joho not only lost his
life but is being sued for injuries
caused by his flying body parts.
Joho was struck by an Amtrak
train travelling at 70 miles an
hour in 2008 in Chicago, when
parts of his torn body flung and
hit a passenger waiting on a nearby
platform. Gayane Zokhrabov was
waiting to catch the train to
work when the impact knocked
her to the ground with a broken
leg and wrist.
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Extreme bodily harm
Although the court of first
instance dismissed the lawsuit,
finding that Joho’s estate could
not be held liable for Zokhrabov’s
injuries as he could not have
anticipated the damage, a state
appeals court has overturned
the decision arguing that the
outcome was reasonably foreseeable, according to the Chica-
gotribune.com.
Joho’s family is now seeking
to appeal to the Illinois Supreme
Court. Whatever the outcome,
the case is as bizarre and tragic
as they come. —Anum Lateef
