In episode 5 of Civil Banter, our hosts Hamish Mills and Stanford Cummings dig into how general damages are assessed, and how the courtroom experience has shifted since the rise of virtual hearings.
Hosts: Hamish Mills-McEwan and Stanford Cummings
Topic: In this episode of Civil Banter, Hamish and Stan break down a recent personal injury case where the plaintiff suffered an aggravated elbow injury in a parking lot collision. Stan takes a shot at estimating the jury’s award for general damages - and comes surprisingly close. They discuss how pre-existing conditions, treatment history, and the “threshold” test affect compensation in Ontario, and how statutory deductibles can dramatically reduce an award.
Later in the episode, the hosts dive into how virtual hearings have changed civil litigation. From access to justice and client savings to the loss of mentorship opportunities and hallway negotiations, Hamish and Stan explore what’s gained (and what’s lost) when court goes online.
They wrap up with a call for more intentional learning in the virtual era and a few shoutouts, including to the office building they call home.
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