|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
|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
|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
|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
|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
|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
|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
|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
|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
|Jury awards $2,309,413 to Pedestrian who sustains Traumatic Brain Injury
||In a recent trial, the plaintiff was awarded over $2.3 million in damages after sustaining a brain injury when he was hit by a truck. The plaintiff, truck driver and the man who pushed the plaintiff onto the road, were each found 1/3 contributorily liable.
||Jun 19, 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
|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
|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
|Judge finds Laser Tag Facility negligent in a Player’s Injury
||An injured man was compensated for injuries he sustained at a laser tag facility, after he fell through a hole built to allow participants to shoot at opposing players on the lower level.
||Feb 22, 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
|Is our Vehicle Insurance System flawed? – The Adam Bari Story
||Adam Bari was severely injured in a serious motorcycle accident and found that his injuries, although substantial, no longer qualify as a ‘catastrophic impairment’ under new insurance rules effective June 1st. The $65,000 now available for non-catastrophic injuries under statutory accident benefits are woefully inadequate to pay for Mr. Bari’s losses and thus, place huge financial stress on his family.
||Jan 25, 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
|Store Owner found liable when a Customer was Injured in his Store
||In Vykysaly v. Jablowski, a store-owner was found liable for injuries a woman sustained when she fell into an unmarked open stairwell in the store.
||Jan 10, 2017
|Long Overdue, Canada announces Asbestos Ban for 2018
||Every year, thousands of Canadians die from diseases caused by exposure to asbestos. At long last, the Canadian government announced a plan to ban asbestos import, use and production by 2018.
||Jan 08, 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
|Proving 'but for' Causation in a Claim for Damages
||Successful injury claims generally rest on proving ‘But for’ causation. This means that, if not for the negligent actions of the defendant, the accident victim’s injuries would not have occurred.
||Jan 01, 2017
|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
|Injured Workers not covered by Ontario Workers’ Compensation Benefits have Right to Sue
||Businesses have an obligation to keep anyone coming onto their property reasonably safe, including employees. Most Ontario workers are covered under Ontario’s statutory workers’ compensation plan and if so, must seek coverage for workplace accidents from the Workplace Safety and Insurance Board. However, if you are an uninsured worker, you have the right to sue your employer for injuries sustained while employed. In a 2016 case, Fleming v. Massey, the Ontario Court of Appeal ruled that it was against public policy to prevent a worker from seeking compensation through a liability waiver.
||Dec 15, 2016
|City of Sudbury found liable in Slip and Fall Accident
||A woman slipped and fell on a public parking lot that had not been cleared of ice and snow. The Court found the Municipality liable for her injuries, and did not accept the City’s defense that the particular parking lot was not maintained in winter because it belonged to a little used area of a public park.
||Dec 13, 2016
|Failure to disclose a Medical Condition can result in a voided Insurance Claim
||Honesty is the best policy when you are providing information on an insurance application. Your insurance contract is predicated on the information you gave and if you failed to disclose a pre-existing condition then your insurer may deny a future claim.
||Dec 09, 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
|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
|Family Member Claims under the Family Law Act
||A family member may claim for losses under Ontario's Family Law Act when a loved one suffers a catastrophic injury as the result of a motor vehicle accident.
||Oct 11, 2016
|Canada’s Parliament debates Bill S-201 to prohibit and prevent Genetic Discrimination
||Bill S-201 seeks to prevent discrimination against Canadians due to their genetic status. Currently, insurance companies and employers can use genetic information to deny insurance coverage or refuse hiring, and Canada is the only G-7 country that doesn’t protect genetic status.
||Oct 01, 2016
|Your Rights under the Consumer Protection Act
||In Ontario, the Consumer Protection Act details the rights of consumers and the responsibility of businesses.
||Sep 21, 2016
|How may Threshold Law affect my eligibility to make a Claim?
||Threshold Law states that an accident victim’s injuries must be a serious and permanent impairment of an important function in order to be eligible for non-pecuniary damages in a civil suit.
||Sep 14, 2016
|Questions you likely want to ask your Personal Injury Lawyer
||Learn the answers to common questions asked by accident victims who are injured and are considering making a claim for injury compensation.
||Aug 07, 2016
|Uninsured and Under-insured Motorist Coverage
||Under-insured motorist coverage is statutorily available to cover Ontario residents who were involved in an accident caused by an identified or hit-and-run driver. Under-insured motorist coverage can be purchased on your policy to protect you when your claim exceeds the coverage for an at fault driver.
||Jul 30, 2016
|Does your Auto Insurance offer adequate Protection?
||As an Ontario driver or vehicle owner, this is a good time to review your insurance coverage to determine whether you have adequate protection against injury and damage, particularly in lieu of recent changes to Ontario automobile accident insurance.
||Jul 06, 2016
|Does your Child's Day Care meet Ontario Safety Requirements?
||Following a report of numerous violations in safe care practices, particularly among unlicensed day care providers, the Government of Ontario implemented stricter guidelines for day care providers under the Child Care and Early Years Act.
||Jul 01, 2016
|Understanding Product Liability in Canada
||The Canadian government and Health Canada have guidelines and regulations in place to protect Canadians from unsafe product. Despite these protections, people are sometimes injured by a dangerous product, and are entitled to claim compensation for their losses.
||Jun 26, 2016
|Shared Liability between Government Authority and 'At fault' Driver
||In cases where both a negligent driver and unsafe road condition were responsible for causing an accident victim's injuries, the 'at fault' driver and government authority may be deemed contributory negligent for damages.
||Jun 12, 2016
|Train accidents: potential for significant Injury
||Although train accidents are far less common than other collisions, they can cause catastrophic and devastating injuries due to the large number of people that are potentially impacted and the often hazardous materials being transported.
||Jun 03, 2016
|Changes to Statutory Accident Benefits effective June 1st 2016
||Effective on June 1st, 2016, there will be changes to the maximum statutory accident benefits allowable for injured accident victims in Ontario
||Jun 01, 2016
|What is a Tort Claim?
|| If you are injured due to someone else's negligence, you can file a tort claim to seek compensation for damages.
||May 25, 2016
|Liability if Pushing or Physical Contact causes Injury
||Physical altercations are more likely to occur during or after events involving drinking, but even a seemingly harmless push can lead to injury for which the ?at fault? person can be held liabl
||May 23, 2016
|Food Poisoning and Consumer Rights
||Manufacturers,distributors and restaurants can be held liable if unsafe food handling or processing resulted in food poisoning and serious symptoms for a consumer.
||May 09, 2016
|Proving a Motor Vehicle Injury Claim
||In a civil claim for compensation for injuries arising from a car accident, a plaintiff may need to prove the other driver was negligent in causing their injuries, and must also provide evidence of their financial and other losses resulting from their injuries.
||May 03, 2016
|Public Safety and Liability for Dog Bites
||Dog owners are strictly liable for the injuries that their dogs cause to others, according to the Dog Owners' Liability Act.
||May 01, 2016