Returning to Work After an Injury: Gradual Return to Work and the Duty to Accommodate


September 14, 2022

If you have suffered an injury and been off work, you may be considering what will happen once you are ready to go back to your job. Will you be expected to jump back into your old position immediately? What do you have to disclose to your employer and co-workers about your injury? What if you aren’t able to carry out all the tasks that were part of your job before you were injured?

Anyone who has suffered an injury has a duty to mitigate their losses; that is, they have the responsibility to try to improve their situation. This is true not only from a physical standpoint (for example, an injured person must follow the medical advice and treatment plans set out by their health care providers), but also from a financial standpoint. Continue reading

CAM LLP Lawyers Recognized in The Best Lawyers in Canada™ 


August 25, 2022
Cummings Andrews Mackay LLP (CAM LLP, Injury Lawyers) is delighted to announce that six of our lawyers have been selected for inclusion in the 17th edition of The Best Lawyers in Canada™  for their work in personal injury litigation. Christine Felix, Q.C., Bill Hendsbee, Q.C., Jean Oliver, Ron Jewitt, Justine Lee, and Warren Stengel.

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Lawyers are not required nor allowed to pay a fee to be listed; therefore, inclusion in Best Lawyers is considered a singular honour.
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Update on Parental Negligence and Liability in Personal Injury Cases Involving Children


May 10, 2022

In an earlier blog post CAM LLP canvassed what happens when a child is injured while a passenger in a vehicle driven by a family member. A recent decision from the New Brunswick Court of Appeal, Edmondson v. Edmondson, 2022 NBCA 4, granted summary judgment to the legal representatives of a five-year-old child against his father for injuries suffered while a passenger on the father’s motorcycle, and found the father liable squarely on the basis of his parental negligence.

The case highlights the high degree of care that a parent must take while transporting their child, should the worst happen and they are in a motor vehicle accident. Continue reading

Mitigation and Returning to Work After an Injury: What you Need to Know


May 3, 2022

Your duty to mitigate by returning to work

All personal injury plaintiffs are required to try and minimize their damages. This is called the duty to mitigate. Essentially, it means that even if someone else’s negligence caused your injuries, you have a responsibility to take all reasonable steps to heal from your injuries as best you can and to reduce any negative consequences from your injuries. If you could have taken reasonable actions to avoid or minimize a loss and you chose not to, damages for that loss will not be recoverable as our courts consider it unfair to make a defendant pay for losses that a plaintiff could have reasonably avoided. Continue reading

CAM LLP is proud to be a court sponsor of the Owen Schlosser World Team Tennis Fundraiser – April 28-30, 2022


April 11, 2022

The Owen Schlosser World Team Tennis Fundraiser (OSWTT) is back! And CAM LLP is delighted to be a part of it.

Since 2011, the Owen Schlosser Memorial Tennis Scholarship has supported student-athletes on the University of Alberta Golden Bears and Pandas tennis teams.

This year’s event will be held April 28-30, 2022, at the University of Alberta Michener Park Tennis Centre.

Owen Schlosser was a student in the Industrial Design program at the University of Alberta but began his studies in Physical Education and Recreation. He always enjoyed competition and being active as a soccer player, a tennis player and a tennis coach. Continue reading

Compensation for Cycling Injuries: What you Need to Know


April 4, 2022

Biking is becoming an “all weather” pastime in Alberta. Many people have adopted winter biking on their “fat bikes,” as a way to maintain their health while commuting to work in urban settings, or recreationally, enjoying the pathways groomed for winter bikers. There is also a correlation between an increase in biking generally and the restrictions imposed during the pandemic. More cyclists on the roads all year round means more cycling injuries.

Cyclists who continue to bike during winter and early spring face additional challenges. Slippery roads, low visibility with shorter days, and the snow and ice on the roads can force drivers and cyclists to share a narrower space in the winter months. Continue reading