Defining The Parameters Of Limitation Periods In Personal Injury Actions

A limitation period is a stated period of time, the expiry of which extinguishes a party’s legal remedy and forbids the commencement of a legal action. Each province in Canada has general statutes of limitations and many provincial and federal statutes contain limitation periods applicable to a variety of causes of actions. Traditionally, limitation periods have been strictly enforced. More recently, the subject of when time begins to run has received greater attention from our courts.

The discoverability rule has evolved fairly recently in our civil jurisprudence.1 It gives relief in certain factual situations by extending a limitation period. According to the discoverability rule, a limitation period begins to run when the material facts upon which an action is based have been discovered, or ought to have been discovered by the plaintiff through the exercise of due diligence. The effect of the rule is to postpone the running of time until a reasonable person, in the exercise of reasonable diligence, would discover the facts necessary to maintain the action.2 It is a general rule applied to avoid injustice.

It is now over two years since the Supreme Court of Canada upheld the Ontario Court of Appeal’s decision in Peixeiro v. Haberman. Justice Major in Peixeiro adopted Taddle’s J. A.’s statement in Fehr v. Jacob (1993), 14 C.C.L.T. (2d) 200 (Man. C.A.) at 206, which is as follows:

In my opinion, the judge-made discoverability rule is nothing more than a rule of construction. Whenever a statute requires an action to be commenced within a specified time from the happening of a specific event, the statutory language must be construed. When time runs from “the accrual of the cause of action” or from some other event which can be construed as occurring only when the injured party has knowledge of the injury sustained, the judge-made discoverability rule applies. But, when time runs from an event which clearly occurs without regard to the injured party’s knowledge, the judge-made discoverability rule may not extend the period the legislature has prescribed.

In Peixeiro the court concluded that the limitation period under the Ontario Highway Traffic Act did not start to run in a personal injury action arising out of an automobile accident until the plaintiff discovered facts that could sustain a claim that his or her injuries met the threshold under the Insurance Act.

Since Peixeiro, the discoverability rule has enjoyed broad application in Ontario in motor vehicle actions and actions against municipalities and the provincial crown. As such there is now a body of jurisprudence on the scope and application of Peixeiro. The purpose of this paper is to review the way Ontario courts have applied Peixeiro in the context of personal injury litigation so that the parameters of the present authorities in the area of motor vehicle actions and actions against municipalities and the provincial crown can be better understood and defined

if You Want To Win The Lottery, You Need These Tips…

Have you ever dreamt of winning the Lottery? Can you imagine how it must feel?… Maybe you constantly tell people that you are destined to one day win the lottery jackpot…

In a recent lottery survey, lottery jackpot winners were asked if they had ever thought the same thing. 38 % of the winners stated that they had always believed they would win the lottery, and more than half said that they had dreamt that it would happen. 51% of the lottery winners said they had always considered that they were ‘fortunate’ people.

So, could positive thinking and the law of attraction hold the key?…

Recently, there is more and more talk about the law of attraction. Basically, it says that like attract like, and that what we ‘think’ about most, we attract into our lives. Now, before I loose you, let me just say that this is a Universal Law, and just like gravity although we can not see it, we know it exists.

Basically, it means that whatever thoughts we focus on the most, we will attract into our lives. If you are always dreaming of winning the lottery, then you are attracting this to you. On the flip side, telling people how ‘unlucky’ you are will just create more ‘bad luck’ in your life. Wait a minute, I can hear you squealing ‘If that’s the case, how come I’m not a lottery millionaire? I’m always telling people that I will win it one day, and dreaming of getting the big one’

The law is very simple, however most of us will have very unfocused thoughts running around our head. So you may one minute be saying “I want to win the lottery” and the law of attraction will be set into motion. Then your mind will try and rationalise with you and say “Stop being silly, you’ll never win” In that very moment, you are cancelling out your wish to win the National Lottery and stopping the flow of energy.

What we now know is that emotions will increase your thought vibrations so as soon as you start feeling that you can’t win, this will push your dream even further out of your grasp.

By simply understanding how the Law of Attraction works, and choosing to change your thoughts so that they are positive, you will be able to manifest more of your desires. If you have a deep rooted belief that you are unlucky’ or always broke’ then you may find you have to work harder at this whole manifestation larkyou may want do a bit more research into the law. One great starting place is to watch The Secret’ this movie has transformed many thousands of people’s lives Worldwide and you can watch the first 20 minutes for free on YouTube.

Following are some top tips on how to improve your chances for winning the lottery:

1.Decide how much you want to win on the lottery

Write this figure down on several bits of paper and put around the house or office where you will see it often. For example, on the fridge, on the ceiling above your bed, next to the computer. It needs to be a figure you believe’ if you want a million pounds but your mind screams dream on’, then choose a figure that is more acceptable to you.

2.Say Affirmations

Every morning and evening, look at this figure and say I have won X pounds on the lottery and all of my dreams are coming true’replacing X with the amount you desire. You can make up your own lottery affirmations; make sure that you say the sentence as if it has already happend, that it is in the present tense. Jump up and down; scream Thank You!’ picture in your mind what you would do, get excited and feel grateful

3.Visualise

Before getting out of bed and just before dropping off to sleep, imagine what you would do with the money, how you would feelvisualise how that amount of money would look like.

4.Feel thankful that you will win the lottery

Believe that the winning ticket is coming to you! Feel grateful

5.Buy a ticket!

This is the most important step. To give yours dreams a chance, you MUST take action. It is amazing how many people say they plan on winning the lottery but never get off their sweet behind to buy a ticket.

6.Have fun

Once you have purchased your ticket, go and relax and do something that makes you laugh. Forget all about your numbers. What will be, will be. By having fun and laughing, you will increase your positive vibration and that will make you more attractive to wealth

Get started now, write down the amount you want to win and give it a gowhat do you have to lose?

Copyright (c) 2007 Tanya Renner

A Divorce Lawyer Can Help You Protect Your Personal Assets

Making the decision to dissolve a marriage is a very serious matter. There are a lot of factors to consider when two people who have built a life together want to go their separate ways. In a situation like this, you need to put aside emotions and think as rationally as possible. A divorce lawyer can help you do this. He or she will make sure that everything you agree to is in your best interest. After all, you need to protect your personal assets in order to keep your own future secure.

You might be wondering how you should go about choosing a divorce lawyer. You will certainly want to find someone that has experience dealing with these matters. You might check with friends or family members who have been through a divorce before. One of these people might know an attorney that they can recommend. Even if they don’t, they might still have some pertinent advice to give, such as how you should split your marital debts or what kind of custody rights you should demand. The circumstances of every marriage are different, but it can be helpful to talk to someone that has been through dissolution proceedings. This person will have at least some idea of what you are going through.

When you find a divorce lawyer that seems competent and understanding, be up front with this person about the disputes that might arise and what you hope to retain after everything is all said and done. If your attorney has a clear understanding of what it important to you, he or she can develop effective litigation strategies that will be likely to work in your favor. This will ensure that you can keep property, accounts, possessions, and other assets that will allow you to move on with your life.

Do you think that you might need some help coming to agreeable terms with your spouse? Allow your divorce lawyer to prepare you for the experience of meeting with your former partner and his or her counselor. It will not help to be combative or argumentative in a meeting like this. It is best to be as calm and composed as possible. Your attorney can express your concerns and do all the talking for you. All you have to do is appear amicable. If you do, it should be a lot easier for you to get the matter resolved.

Are you in need of a divorce lawyer? Mandeville residents can find the counsel they need to get through their divorce at .

Getting Legal Help for Shooting Injuries

Recent Nevada shooting injury tragedies in Nevada neighborhoods have cast a saddening light on the use of firearm weapons in our state. The last two months have seen an unfortunate upward trend in Nevada shooting injuries in our state, with tragic impacts on Nevada communities. First came the tragic Mother’s Day shooting that occurred when a Reno man attempted to prevent some young men from snatching a woman’s purse. His well-intentioned effort was repaid tragically as he fell victim to a fatal Nevada shooting injury.

Following that tragedy came another saddening Northern Nevada news item, a scuffle that resulted in a Nevada shooting injury to a UNR football player. Details about the June 8 incident are still murky, but it appears that a fight broke out between the athlete’s group of friends and another group of young men. After a long, colorful exchange, the second group of men drove past the athlete and fired several shots from their vehicle. One of these shots caused a Nevada shooting injury to the football player’s gut.

This last weekend, two fatal shootings were left in the wake of other Nevada shooting injuries. Although both Nevada shooting injuries occurred on the same day and both took place in Reno, these two Nevada shooting injuries appear to be of two completely different characters. The first incident we will consider took place early on the morning of July 10 and involved two men who apparently were friends. According to initial investigations, the two men were to meet in downtown Reno at a designated place and time. The man who fired the shots that caused this Nevada shooting injury was waiting for his friend when the other man appeared and startled him. The first man says that he fired several shots, and one of these dealt a fatal Nevada shooting injury to the other man.

The other shooting that occurred about two hours earlier on the same night seems very similar on first blush but appears to have been a much more sinister type of Nevada shooting injury. According to police reports, a shooter opened fire with a semi-automatic weapon and struck two young men. Both suffered serious Nevada shooting injuries, and paramedics rushed them to Renown Medical Center. One of the victims succumbed to his injuries quickly and was pronounced dead at the hospital. The other victim of this Nevada shooting injury incident has undergone multiple surgeries.

Even though Nevada is still very much a rural, Western, gun-rights type of state, we are not used to this volume of Nevada shooting injuries. Most Nevada gun owners are responsible with their weapons and use them primarily for hunting or other recreation and take every effort to avoid Nevada shooting injuries. However, the presence of firearms in our society does facilitate their misuse as well as their appropriate use, and this is one of the factors behind these unfortunate Nevada shooting injuries. If you or a loved one have been the victim of a Nevada shooting injury and you need experienced legal guidance from an experienced Nevada shooting injury lawyer, contact us today for a free consultation.

Mesothelioma Legal Help

According to scientific research, asbestos exposure can lead to the development of mesothelioma. This disease can attack the protective cell linings of certain visceral organs, causing abnormal cell growth that is more commonly referred to as cancer. When this happens, complications begin to set in and cause traumatic effects to organs affecting the entire body as well. Although the disease may be controllable, diagnosis is difficult because its symptoms are common with other diseases. Patients who are left untreated are bound to suffer more serious complications and problems.

Mesothelioma has a long latency period whereby signs and symptoms of the developing disease are usually only detected and observed several years after initial exposure. Mesothelioma is usually characterized by fatigue, mild fever, difficulty in swallowing, difficulty in breathing, and weight loss. Since these manifestations are very general, many physicians and clinicians don’t recognize this disease. Thus, it is only usually diagnosed during the late stages, when the disease has signficantly advanced.

Once diagnosed, it is essential that the patient undergo treatment immediately. But because of the severity of the disease, the cost of the treatment tends to be very overwhelming. This is where the need for a mesothelioma attorney comes in. A mesothelioma attorney is an experienced professional who has sufficient knowledge and understanding of the disease and the legalities involved. This lawyer’s responsibility is to provide adequate evidence that the development of mesothelioma is work exposure-related. In this way, patients may receive proper retribution for both their suffering and the medical expenses they have incurred due to asbestos exposure. Russell Budd, an experienced mesothelioma attorney, has a team that can provide exemplary services in asbestos litigation. His law firm, Baron and Budd, has extensive training and experience in cases involving mesothelioma. With Russell Budd’s tutelage, the firm has consistently provided legal assistance to mesothelioma patients for some thirty years. Its unique, upfront approach of handling cases mit respected above other firms. His firm was one of the first in the country to take on a mesothelioma case. akes This firm has continued to fight for the right of those who have been wrongly exposed to asbestos. Find out more about the firm and its services atbaronandbudd.com ormesotheliomanews.com.

Daniel is a writer and researcher. He mainly spends his time to informative websites likebaronandbudd.com. Now a days, He is writing about mesothelioma and asbestos articles which are his core interest. Daniel is not a mesothelioma lawyer or employee of any law firms, but does have a strong, personal familiarity with the struggles of a mesothelioma diagnosis. So he share information, and create a greater sense of awareness of the past and present dangers of asbestos exposure and mesothelioma.Click Here

Glf Marketing Helps Your Law Business Reach The Farthest Needs

There are numerous web promoting companies, which are engrossed at web marketing tasks out there. Yet, it takes a pro to advertise your law office adequately and precisely effective in light of the fact that not all internet promoting systems produce significant outcomes, and suitably on the grounds that not these methodologies are implied for law offices. GLF Marketing is one expert that can extend your customer base in a way that meets the most astounding principles of professionalism in your calling. To further demonstrate the imperativeness of us to your law office, here are three focuses you can think about:

Online Presence-

In the event that youre looking to advertise your law office on the Internet, creating your online vicinity is the first thing to do. This is only one point that demonstrates the criticalness of GLF showcasing, a key part of which is Google Placement which plans to bring guests to your professional resource and your site for lead era. Google Placement includes an arrangement of steps that incorporates the formation of superb, important substance, docility to diverse registries on the web, site streamlining, notoriety administration, catchphrase research, and then some. These are continuous assignments that oblige the full devotion and dexterity of individuals who have the right encounter and aptitudes.

Site Design and Branding-

The vitality of GLF Marketing is further settled through its site plan and marking finesse. You are attempting to make an online central station for a law office, and it is fundamental that you utilize the products and services of specialized individuals, as well as specialized individuals who comprehend what outline and marking methodology is most in accordance with the law occupations. Site plan and marking by us incorporates web outline, advancement and facilitating, area administration, custom substance and email assistance services. You can need your GLF-marked site to be available through portable media, for example, tablets and cells, and good with all prominent programs, for example, Google Chrome, Opera, Mozilla Firefox, and so on. Best of all, the organization is known for making sites that have high change rates which is, when its all said and done, what you need.

Powerful Tracking Strategy-

As the Internet builds in size and usefulness, the same thing happens with individuals investigating more approaches to discover you. This is the third point that demonstrates the vitality of GLF Marking to your law office. Utilizing following instruments that might be utilized as a part of continuous, the organization can figure out who is attempting to discover you, where you can discover them and what magic words they are utilizing when looking for law offices that offer your strength. Not just will this data help with Google Placement; however it will likewise help you conform to individuals who need you the most. GLF Marketing is more than happy to provide for you the freshest, most exact data on your target market on the grounds that the organization knows how helpful and capable it might be for the business part of your law of

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Guidelines For Finding A Competent Criminal Lawyer

Criminal law is that branch of law, which deals with criminal cases. This law engages few rules and regulations and violation of the law means severe punishment. You need to avail help of a good lawyer in case you face any such punishments, and want to avert it.

Your attorney ought to be able to see-through all your doubts. If your lawyer is fully aware of your case, then he/she will be able to defend you in a much better way. Therefore, you should shortlist a few skilled criminal lawyers and then select amongst them. .

Here are a few tips to find a good Criminal Lawyer:

* Online search: You can research on the Internet for reputed lawyers in the US. The search will give you a list of attorneys and their contact numbers. You may also visit the websites of criminal lawyers for further information.

* Recommendations: You can request advice from your friends and relatives who have gone through similar situations. Thus, you may find trusted attorneys.

* Court visits: Visit the court and you may chance to meet lawyers with many years of successful records.

* References from the neighboring Bar Association: Most associations possess a list of names of attorneys by their specialties. If you want someone with a certain background, you can hire him/her. In case you have been charged for drunk driving, you must find a lawyer experienced in protecting DUI (Driving under Influence) suspects. Moreover, you need a law expert with considerable trial experience and may succeed if you choose a lawyer who is good at plea bargains.

* Background check: Ask questions before you choose a criminal defense attorney. Make sure he/she is certified and does not carry any malpractice records. You can also use the Internet for accessing the past records of these attorneys.

* Comparison shop: Talk to several lawyers. The first lawyer you meet need not be the best one for you. Fix appointments and meet the lawyers personally. Discuss the facts with the ones you meet, and you may be able to identify who can best help you in the situation.

* Comfort zone: Ensure that you are at ease to discuss your problems with the lawyer. Also, make sure that he/she is not overburdened. The attorney should have the required time to pay attention to you and the case.

To locate an experienced criminal lawyer – Camden (NJ) dwellers can visit the website www.cuneolawoffice.com. The legal team of David K. Cuneo defends people charged with criminal offense in very professional ways!

Criminal lawyer Camden NJ – The legal team of Law Offices of David K. Cuneo defends people charged with criminal offense in very professional ways!

Top Divorce Questions

Filing for divorce does not require justification in many states. However, divorce law varies from state to state, and that can make it daunting for most people. Most divorces are emotional and stressful experiences even without the legal complexities. Naturally, questions about divorce are among the most common on sites like JustAnswer. Below are a few of the most frequently asked divorce law questions. Is a lawyer necessary while filing for a divorce?
If both parties are in complete agreement, there may not be a need to retain a lawyer. In most cases though, disagreements and misunderstandings can start after the divorce. This can be because all aspects and implications of the divorce were not foreseen and addressed beforehand. Retaining a lawyer can help you address many of the issues that may come up in future. Also, divorce law can change from state to state, making it a practical and wise decision to retain a lawyer at the outset.

Can a spouse contest a no-fault divorce before it goes to court?
A no-fault divorce application can only be filed when both partners agree completely. Most states do not even require you to have a reason or “grounds” for divorce if both the partners are in agreement. When a divorce application is filed, regardless of whether it is a no-fault divorce application or not, it can be contested by either of the partners before the final divorce decree is signed.

What can you do if a respondent violates a court ordered divorce decree?
You can consider filing a petition for contempt of court. The petition would have to be filed at a court in the state where the divorce was granted. The severity of the violation and the law of the state will determine what legal action you can take against the violating respondent.

Filing international divorce
A divorce can be filed regardless of the geographical location of your spouse as long as you are a resident of the state where you file for the divorce. Once you file for a divorce, a summons would have to be served on your spouse. If you do not know the exact location of your spouse, you should ask a lawyer. There could be other recourse that a lawyer would be able to recommend depending on your exact situation.

Do you need to file for divorce in the same state that you have a prenuptial agreement in?
You should file for divorce in the state you currently reside in. Different states have different stipulations about how long you should have been a resident in the state before you can file for divorce. The courts in most states will recognize the pre-nuptial agreement from a different state, as long as it does not conflict with other local or state laws.

The legal procedures of filing for divorce can seem daunting and confusing at times. Depending on how well informed you are about the divorce law in your state; the process can either seem simple or very traumatic. Questions about your specific situation are bound to arise in most cases. At such times, you can ask a lawyer on JustAnswer and get quick answers specific to your situation and the laws in your state.

Gainesville Contract Disputes Lawyer – Let a Lawyer Help You Resolve Contract Disputes

A contract is a legal document binding two or more parties to certain agreed-upon terms. A contract can be drawn up to reflect the timetable when a job will be performed and completed; it can also specify the terms of payment that will be made throughout the job or upon its completion. A contract is likely to outline the specifics of a job and will often contain protections that safeguard the interests of both client and contractor. The promises contained in a contract may be further guaranteed through the use of bonds or other insurance products. Since contracts are legal documents, it is in your best interest to seek the perspective of a Gainesville contract disputes lawyer if any problems arise.

How contractual disputes can arise

Despite numerous precautions, contract disputes can sometimes arise. These disputes may result from inaccurate or unspecific language used in the contract’s body. Sometimes contradictions between the contract and other information, such as verbal promises, arise. Unforeseen circumstances, such as natural disasters, labor strikes, or a spike in materials cost, result in contracted jobs being left unfulfilled.

Disputes can result from many types of contracts, including:

Lease agreements Temporary or permanent employment Tenancy Rental agreements Non-disclose or non-compete

Making sense of these contradictions and the confusing circumstances that result can be beyond the ability of the initial parties. An unbiased voice needed to cut through the confusion and provide answers that are accurate and dependable. A Gainsville contract disputes lawyer can help get a project back on the right track and will work to find a solution for even the most complex contractual obligations. How lawyers work to resolve disputes

A Gainesville contract disputes lawyer can go about resolving concerns in several ways. It is common to examine the contract itself to become familiar with the document and the information it contains. Supporting documentation may also be examined. Once the lawyer is familiar with the existing contractual agreement, each disputing party can be interviewed. If the other party has also engaged a lawyer then both attorneys may meet to put forward their respective clients’ point of view.

Lawyers help their clients find solutions to complex problems

Once your Gainesville contract disputes lawyer has become familiar with the details of the case then solutions can be proposed. Sometimes there is a clear legal precedent that provides guidance on how best to proceed. Other times it is up to the lawyer to refer to local laws and statutes to find out what solution the law mandates for such situations. It is important to refer to existing legislation instead of rushing forward to trial. Trails can be expensive and lengthy processes and it may be to your advantage to avoid taking your case to court. Your lawyer can explain your options in a manner that is easy to understand and will work with you to reach a speedy resolution.