| Title |
Summary |
Date Published |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| Airbags change the Occurrence of Injuries |
Airbags have been proven to reduce the incidence of death and serious injury, particularly when vehicle occupants are properly wearing seat belts. However, the occurrence of minor injuries, including concussions, has not been reduced by airbags. |
Jun 01, 2017 |
| Multiple Car Accidents result in PTSD and aggravate Pre-existing Symptoms |
Serious car accidents and multiple collisions sometimes result in PTSD symptoms for traumatized accident victims. In a 2016 trial, the defendants in four separate car accidents were found liable for the plaintiff’s injuries, including PTSD, which aggravating the victim’s symptoms caused by multiple previous collisions. |
Apr 24, 2017 |
| Municipality and Defendant Driver share liability for Christmas Day Accident |
A women sustained serious injuries when another driver lost control and crashed into her car on a slushy and snowy Newmarket road. In a civil action for damages, the judge found the municipality and defendant driver equally liable in her injuries; for failing to remedy the hazardous road conditions and driving too fast, respectively. |
Apr 17, 2017 |
| Disputed Claim for continuing Income Replacement Benefits |
A claimant commenced a claim against State Farm after their insurer stopped paying Income Replacement Benefits, and the insurer filed a motion to dismiss this claim. However, the judge decided that the plaintiff’s entitlement to Income Replacement Benefits is a genuine issue for trial. |
Apr 07, 2017 |
| Reducing Drunk Driving through the Ignition Interlock Program |
The ignition interlock system for drivers charged with alcohol-related offences has been shown to reduce the incidence of drunk driving accidents, as it helps to keep the public safe while enabling a driver to have the use of their vehicle. |
Mar 24, 2017 |
| A Pre-existing Injury doesn’t preclude a Successful Claim for Damages |
A woman experienced three car accidents that successively worsened her medical condition. After being denied accident benefits for her second and third accidents on the basis that her injuries resulted from pre-existing conditions, she filed actions against the two insurers and was awarded damages in both cases. |
Mar 16, 2017 |
| Road Rage on the rise? |
Several recent and alarming incidents of road rage highlight the need for all drivers to practice courtesy while driving, despite the stresses of heavy traffic. If you were injured in a road rage incident, find out whether you may be eligible for compensation. |
Mar 10, 2017 |
| You may still be Impaired the Morning after an Evening of Heavy Drinking |
Many people drive in the morning after a night of heavy drinking in the mistaken belief that they are sober or legal to drive. In Tut v. RBC General Insurance Company, the insurer disputed an insurance claim when a young driver caused a collision while unknowingly impaired, the morning after a party involving drinking. |
Feb 27, 2017 |
| How do the Courts decide on an Award for Pain and Suffering? |
Accident victims who suffered a serious and permanent injury may be eligible for damages for their pain and suffering. The amount of damages is based on case law as well as a variety of circumstances, including the plaintiff’s severity of injuries, age, and how their suffering impacts their quality of life. |
Feb 22, 2017 |
| Truck Wheel detaches on Highway 400 and fatally injures SUV driver |
An SUV driver was killed when a truck wheel unfastened and struck his vehicle while travelling near Vaughan on Highway 400. |
Feb 13, 2017 |
| Injured? Questions you may have for a Personal Injury Lawyer |
At Injury Lawyers of Ontario, we know you likely have many questions which you should expect to have answered in an initial consultation, after you were injured in an accident. Here are some of the most common questions our clients ask. |
Feb 01, 2017 |
| Ontario Municipalities must meet Minimum Standards for Ice and Snow Removal |
In the interest of road safety, Ontario’s Municipal Act sets out minimum standards for winter road maintenance, which municipalities are obligated to meet. If a motor vehicle accident occurs in snowy or slippery conditions and the municipality failed to meet its standards, the municipality may be found liable for the accident. |
Jan 20, 2017 |
| Pedestrian Accident results from failure to obey Traffic Law |
Disturbingly, pedestrian accidents are at a high in Ontario, which means that road users need to exercise more caution. Sometimes, pedestrians cause accidents, such as a Halifax man who recently caused a crash when crossing against a red light. However, in many cases, driver actions such as inattention, speeding and impaired driving contribute to pedestrian injury or death. |
Jan 15, 2017 |
| Dangerous Road Conditions to blame for numerous Multi-Car Collisions on Hwy 401 |
Numerous multi-vehicle collisions on Highway 401 on Saturday January 7th were caused by severe winter weather including whiteouts and slippery road conditions, but fortunately, no one was seriously injured. |
Jan 12, 2017 |
| Life-saving Tips if You're stranded in Winter Weather |
There are important steps we can take to prepare our vehicle and remain safe when our vehicle is stuck or stranded, to help prevent frostbite and keep ourselves and family members safe from injury during winter weather conditions. |
Jan 06, 2017 |
| Making an Injury Claim for Single Car Accident Compensation |
If you were injured in a single car collision, there may be several options available to you for obtaining injury compensation, both as a vehicle driver and passenger. |
Jan 04, 2017 |
| New Year’s Resolutions for Driving |
Making a resolution to practice safe driving in the New Year can contribute to safety for all road users. |
Dec 30, 2016 |
| A Finding of Municipal Liability when Man injured by falling Post |
If someone suffers injury on municipal property because the municipality failed to take due care and allowed an unsafe condition, then the municipality may be found negligent. Among the most common circumstances resulting in injury are: slip and fall accidents on broken or improperly maintained walkways, and car accidents caused by an unsafe road condition. |
Dec 26, 2016 |
| Understanding Chronic Fatigue Syndrome |
Chronic fatigue syndrome (CFS) exhibits as persistent and unexplained fatigue, but sufferers also experience joint pain and various other symptoms that substantially impact enjoyment in life. CFS is not well understood but believed to result from several triggers, such as infections, immune system problems, hormonal changes and traumatic events such as car accidents. |
Dec 23, 2016 |
| Tragic Ottawa Car Crash results in two Fatalities |
Extreme winter road conditions have arrived early, and in Ottawa, icy roads are the likely cause of a tragic car accident that took the lives of two teen-aged girls and caused severe injuries to their mother. |
Dec 18, 2016 |
| Why Ontario Drivers need Winter Tires |
Winter tires have been shown to be the most important vehicle feature to affect safety and reduce the risk of crashing in winter driving conditions. See common myths about winter tires de-bunked. |
Dec 06, 2016 |
| Complicated Legal Proceedings arising from a Parking Lot Accident |
When parking lot accidents occur, there may be complications in resolving an injury claim if the plaintiff alleges that the parking lot owner was contributorily liable or, as in the case, Shah v. Becamon, the defendant driver was not properly licensed, with only a G-1 licence. |
Dec 01, 2016 |
| When may a Vehicle Owner not be held Liable for a Car Accident? |
Under Ontario’s Highway Traffic Act, the owner of a vehicle is held liable for injuries except for unusual cases, such as in Thorne v. Prets, where the vehicle was taken without permission. Under such circumstances, the negligent driver can be held liable for damages and if uninsured, Ontario’s payor of last resort, MVACF, is responsible for payment. |
Nov 23, 2016 |
| Ontario Court decides that an Illegal Immigrant not entitled to claim Damages from MVACF |
In a 2016 trial, the Ontario Court of Appeal decided that a man who had been living illegally in Toronto for about a decade was not entitled to receive compensation from public funds for injuries sustained in a pedestrian hit-and-run accident. |
Nov 19, 2016 |
| Claiming Injuries from a Public Transit or Bus Accident. |
As a victim of a public transit or bus accident, whether as a passenger, pedestrian or cyclist, you may be entitled to make a personal injury claim for your losses. |
Nov 17, 2016 |
| Why Back up Cameras will soon become Mandatory for New Vehicles |
Transport Canada recently announced that rear cameras will be mandatory for new vehicles in May 2018. Backup cameras provide almost full visibility behind a vehicle, which is particularly effective in allowing a driver to see young children and others who may otherwise have been in the vehicle’s blind zone. |
Nov 15, 2016 |
| Learn about the New App to track Distracted Drivers |
A new app has been introduced and is available for anyone to record Distracted Drivers. The app will better help researchers to understand the circumstances under which distracted driving takes place. |
Nov 13, 2016 |
| Chronic Pain and Depression meet Threshold for Non-pecuniary Damages |
After damages have been awarded to a plaintiff, the defence may file a threshold motion to dismiss non-pecuniary damages because the plaintiff’s injury is not a permanent or serious impairment of an important function. In Cobb v Long Estate, the court agreed that the plaintiff’s chronic pain and psychological injuries met the threshold and as a result, dismissed the defendant’s threshold motion. |
Nov 10, 2016 |
