| Title |
Summary |
Date Published |
| How does ‘Joint and Several Liability’ protect Accident Victims? |
Joint and several liability holds each defendant (or 'at fault' party) in a personal injury claim liable for the entire amount of damages sought by the injured person. Accordingly, accident victims may seek additional damages from a defendant who has the means to pay if damages exceed the other defendant’s maximum coverage. |
Feb 02, 2020 |
| Our Courts often require Facebook Posts to be produced as Evidence in Personal Injury Lawsuits |
Plaintiffs claiming damages on the basis that their injuries caused a reduced enjoyment in life are often compelled to produce their private Facebook posts in personal injury litigation. |
Jan 03, 2020 |
| Compensating Family Members after a Wrongful Death |
Family members are entitled to sue a negligent party who caused the death of their loved one, to compensate them for economic and non-economic losses, such as the loss of care, guidance and companionship. |
Dec 02, 2019 |
| The Impact of Neurological disorders such as Brain and Spinal Injury |
Neurological disorders, such as brain injury, spinal cord injury and disorders of the nervous system, often have a broad effect on a person’s bodily functions and mental health. A recent Canadian study found that the physical and mental impairments associated with these disorders frequently results in a reduced quality of life for sufferers. |
Nov 01, 2019 |
| Judge orders Trial to determine Liability for Multi-Car Collision that causes Chronic Pain |
The drivers of three vehicles involved in a multi-car collision presented different versions of the accident during a summary judgement motion to decide fault, and one of the drivers who had reason to believe his actions did not contribute in any way to the crash was faced with contradicting testimony from another driver. |
Oct 02, 2019 |
| Your Fibromyalgia Symptoms may entitle you to Disability Benefits |
The widespread pain, headaches and other symptoms common to fibromyalgia can be disabling and can interfere with a person’s ability to perform their job. When this occurs, fibromyalgia sufferers may qualify for disability benefits. |
Sep 01, 2019 |
| Women 73% more likely to suffer Death or Serious Injury in a Car Crash |
A recent study of almost 23,000 crashes revealed that women have a much higher risk of fatal to serious injuries in a front-end collision. Automobile design and safety features are based on ‘male’ crash test dummies and this circumstance is credited with inequality in developments in vehicle safety. |
Aug 01, 2019 |
| Car Driver found fully liable in Chatham Motorcycle Accident |
After a car driver cut off a motorcycle and caused the motorcyclist to suffer serious physical and cognitive injuries, the rider commenced a lawsuit to find the car driver liable for his losses. And, the Court ruled that the car driver was entirely at fault in causing the accident and fully liable for the motorcyclist’s injuries. |
Jul 02, 2019 |
| Don’t overpay for Rental Car Insurance or assume too much Risk |
When renting a car in Canada or elsewhere, to ensure you don’t overpay for insurance but still have adequate protection in the event of an accident or vehicle damage, find out exactly what you’re covered for through your credit cards, own vehicle insurance company and the rental agency. |
Jun 01, 2019 |
| Liability for Slip and fall Accidents in Parking Lots |
Parking lots are one of the most common locations for slip and fall accidents, and property owners are liable if an improperly maintained parking lot led to serious injury. |
Apr 28, 2019 |
| Judge rules in favour of the Plaintiff in Chronic Pain Lawsuit |
After being awarded over $1.5 Million in accident benefits, a car accident victim suffering from chronic pain claimed damages in a civil suit. The trial judge rejected the defence's request to have the plaintiff examined by a doctor who wasn't a chronic pain expert. |
Mar 22, 2019 |
| How to avoid Tobogganing Injuries |
Tobogganing is one of the more dangerous non-motorized winter activities, but you can significantly reduce the risk of injury by following safe practices. |
Feb 19, 2019 |
| Distracted and Impaired Drivers now face tougher Laws in Ontario |
With the objective of preventing impaired driving and distracted driving accidents, tougher drunk driving laws were enacted on January 1st in Canada’s Criminal Code and on December 18th, Ontario enacted stiffer penalties for distracted driving. |
Jan 10, 2019 |
| Claiming Personal Injury Damages for Whiplash |
Whiplash is an injury to muscles or ligaments in the neck and results from violent back and forth movement, often caused by rear-end collisions. If you suffer whiplash and have symptoms such as chronic pain, you can claim damages against the at fault driver for lost income, pain and suffering and other losses arising from your injury. |
Jan 03, 2019 |
| Are Trampolines Safe? |
The surge in trampoline parks has been accompanied by a dramatic increase trampoline-related injuries and critics suggest that trampoline venues are not doing enough to make these parks safe for users. |
Dec 02, 2018 |
| Should Canadians be concerned that there will be more Drug Impaired Drivers on the Road? |
The legalization of marijuana on October 17th has led to concerns about increases in car accidents and injuries due to drug-impaired drivers. All drivers should be aware of changes to impaired-driving laws and understand whether it’s ever safe to drive after smoking pot. |
Nov 01, 2018 |
| Is there an Alternative to using Opioids to treat Chronic Pain? |
Many accident victims in Canada suffer long term disability due to chronic pain. Opioids have been commonly prescribed to help sufferers but increasingly high levels of addiction are challenging the wisdom of prescribing opioids. Is there another effective treatment for chronic pain? |
Oct 01, 2018 |
| What you should know if you’re Hit by a Careless Driver while Biking |
In Canada, cyclists are more than twice as likely to be seriously injured or killed than vehicle occupants. Cycling injuries often result from careless driving actions, as in a recent case where a man was found criminally negligent in causing the death of a Mississauga cyclist and injuries to two other cyclists. Find out about your rights to injury compensation if you are hit by a car while biking. |
Sep 01, 2018 |
| Arthritis a frequent cause of Long-term Disability for Canadians |
Arthritis is a leading cause of long-term disability in Canada, and arthritis symptoms can substantially interfere with the ability to effectively perform at work. |
Aug 02, 2018 |
| Plaintiff in Toronto ‘slip and fall’ Accident misses Deadline to add another Defendant to Claim |
An Ontario judge decided that counsel for the plaintiff did not take all reasonable actions to discover all defendants in the plaintiff’s claim before the expiry of the two-year limitation period. Therefore, the judge dismissed the plaintiff’s motion to add another defendant to her claim past the deadline. |
Jul 03, 2018 |
| Which Insurer should pay my Motor Vehicle Accident Claim if there is more than one Insurer? |
Ontario’s Insurance Act requires insurers to “pay now, fight later” in situations when an injured claimant applies for vehicle accident benefits from an insurer who may not be the ‘priority insurer’ for their claim. |
Jun 01, 2018 |
| Plaintiff not obligated to submit her private Facebook photos in Injury Lawsuit |
In a civil action arising from a car accident, an Ontario judge rejected the defendant’s motion requesting that the plaintiff produce her private Facebook photos as evidence. |
May 05, 2018 |
| Assault Victims successfully claim Damages |
You may file a lawsuit for damages if you are intentionally injured by another person and may also be eligible for long-term disability benefits. |
Apr 18, 2018 |
| Protecting Young Athletes from Concussion – Rowan’s Law is enacted |
The Government of Ontario finally passed Rowan’s Law which provides mandatory guidelines for managing concussions. Teachers and other educators, as well as coaches and sports leaders, must make themselves aware of, and adhere to these guidelines aimed at reducing brain injury among children and youth. |
Apr 01, 2018 |
| The Costs of Acquired Brain Injury in Ontario |
The financial, emotional and society costs of an acquired brain injury are enormous, and most cases, family members bear a significant role in the recovery of brain injured persons. |
Mar 11, 2018 |
| Understand how a Liability Waiver may effect you if you are Injured |
An Ontario Court found that the liability waivers signed by a man injured in a rock climbing accident were enforceable and dismissed the plaintiff’s negligence claim against the rock climbing course organizers and Halton Region Conservation Authority. |
Feb 15, 2018 |
| Medical Experts play a key Role in a Personal Injury Trial but can there be too many Experts? |
In a civil trial involving a man injured in a train derailment, the defendants sought a motion to limit the number of medical expert witnesses for the plaintiff, after the trial had already consumed about 10 weeks and 8-10 more weeks were anticipated, largely due to the large number of medical experts for the plaintiff. |
Feb 05, 2018 |
| Medical Malpractice Lawsuit is barred for being commenced too late |
A motions judge found that the plaintiff’s negligence claim against an Ontario hospital and doctor was statute-barred for being past the two-year limitation period. |
Jan 21, 2018 |
| Judge rules that Group Insurer must pay after denying Applicant’s Long-term Disability Benefits |
Insurance providers for long-term disability plans sometimes deny coverage of owed benefits, most commonly on a finding that the applicant has not proven their illness/injury prevents them from returning to work; however, applicants are entitled to appeal denial of owed LTD benefits or file a civil action against the insurer. |
Jan 02, 2018 |
| Insurer required to provide Coverage to Driver who forgot to renew her Licence |
In Kozel v. The Personal Insurance Company, the Ontario Court of Appeal ruled that insurance coverage can generally not be denied to someone driving with an expired licence. |
Dec 21, 2017 |
| Cyclist sustains Brain Injury and is awarded Damages against Municipality |
An Ontario judge found the defendant municipality 100% negligent in a biking accident, by failing to mark a bollard housing on a trail, which caused a cyclist to fall and sustain a serious head injury. |
Dec 11, 2017 |
| Lumbar Spine Injuries |
Motor vehicle accidents, falls and sports injuries are the most common causes of lumber spine injuries, and severity and recovery can differ greatly between persons who are injury. When accidents worsen pre-existing back injuries, victims may still be eligible for compensation. |
Nov 27, 2017 |
| Dog Owner found negligent in Dog Attack that caused Plaintiff to fall and become injured |
In a recent trial, a dog owner was found liable for the plaintiff's damages after the dog chased the plaintiff from the owner front porch, and the plaintiff fell and was injured. |
Nov 14, 2017 |
| Texting while driving causes Fatal Motorcycle Accident |
A young driver admitted to texting while his car struck a motorcycle in Windsor, resulting in fatal injuries for the motorcyclist. An Ontario judge found the negligent driver guilty of criminal negligence and asserted that there must be serious consequences for drivers who take such risks. |
Oct 29, 2017 |
| Plaintiff's Claim against Surgeon is allowed more than two Years after Surgery |
In a medical malpractice case, the motion judge and appeal court agreed that a woman who underwent multiple surgeries to fix problems from an initial surgery, could not have ‘discovered’ her claim until her physician completed his last surgery to try to improve her condition. Therefore, the limitation period commences only after the last surgery. |
Oct 16, 2017 |
| Ontario announces upcoming Changes for Distracted Driving Laws |
New Ontario Laws just announced to toughen penalties for distracted and careless driving, including using electronic devices while driving |
Sep 26, 2017 |
| How older Canadians can prevent Falls and related Injury |
Canadians over the age of 65 are at a particularly high risk of falling. Find out how to reduce the risk of injury due to a preventable fall. |
Sep 25, 2017 |
| Facebook Posts increasingly used as Evidence in Personal Injury Claims |
In a 2017 trial, the defendant sought to introduce evidence from plaintiff’s deleted Facebook pages, but the judge ruled that the Facebook evidence must be excluded due to the defendant’s failure to disclose the Facebook posts before the trial. |
Sep 19, 2017 |
| Arbitrator rules that Applicant for Accident Benefits must submit to Insurer’s request for Medical Examination |
An insurer withheld an applicant’s Income Replacement Benefits because the applicant refused to submit to an examination requested by the insurer. In a 2016 arbitration, the arbitrator found that the insurer gave a valid reason for the request and therefore withholding of benefits was lawful. |
Sep 13, 2017 |
| Escalator Accidents cause 18 times as many Injuries as Elevators |
Escalator accidents and injuries are more common than most people realize and may be preventable with safety features, proper maintenance and inspection. |
Sep 09, 2017 |
| How an Injury may result in Somatic Symptom Disorder |
Somatic symptom disorder involves an excessive anxiety about one’s health and is often associated with other conditions such as chronic pain and psychological disorders that may result from a car accident or another source of injury. |
Sep 01, 2017 |
| Construction Company added as Defendant in Cycling Accident Claim against City of Ottawa |
A woman sustained a brain injury in a biking accident on an Ottawa street and claimed damages against the City of Ottawa and MTO. She later discovered that a contractor was responsible for work on the road where the accident occurred, and a judge allowed her motion to add the construction company as a defendant in her claim. |
Aug 23, 2017 |
| Sleep-deprived Drivers twice as likely to Crash |
Driver fatigue is a factor in about one out of five car accidents, and getting less than seven hours’ sleep doubles the risk of crashing. |
Aug 16, 2017 |
| Judge denies Defendant's Request for Neuropsychological Examination of Plaintiff in Long-term Disability Dispute |
After his long-term disability benefits were denied and his group insurer demanded a neurological examination, a claimant filed a suit for damages in connection with the denied benefits and also defended the insurer’s request for further examination, which is the subject of this article. |
Aug 09, 2017 |
| Rules for Parking Lot Accidents |
Parking lot accidents are generally not subject to Ontario traffic laws; however, drivers must adhere to collision reporting requirements. For example, incidents involving personal injury or combined damage over $2000 must be reported to police. |
Aug 02, 2017 |
| Municipality and Cyclist share liability in a Biking Accident |
A man sustained spinal cord injuries and was rendered a quadriplegic, as a result of a biking accident on a City of Brantford trail. The court found that an unsafe condition on the trail and the cyclist’s actions, including his speed and evasive actions, both contributed to the accident. |
Jul 25, 2017 |
| Motorcycle Safety for Women who ride |
More and more woman of every age are taking to motorcycling and there are important safety issues that can be unique to female riders. |
Jul 17, 2017 |
| Court awards Pain and Suffering Damages for Myofascial Pain |
In a recent trial, the B.C. Supreme Court awarded a young woman $65,000 in pain and suffering damages after she suffered myofascial pain resulting from a car accident, which substantially interfered with her abilities as a serious athlete. |
Jul 11, 2017 |
| Homeowner Liability if a Worker falls from the Roof |
Homeowners can protect themselves from liability if a worker is injured on their property by ensuring that the worker has the required license, training and liability coverage. Ontario law requires anyone working at a height to have completed ‘working at heights’ training. |
Jul 04, 2017 |
| Terrible Mississauga Car Accident causes three Deaths and Injury for three Others |
A horrific two-car collision in Mississauga on Sunday June 25th resulted in the death of one of the drivers and two children, and serious injuries for two others. |
Jun 26, 2017 |
