| Title |
Summary |
Date Published |
| 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 |
| Be proactive in Preventing a Drowning Accident |
Drowning fatalities in Ontario tend to happen for the same reasons every year, such as failing to wear a PDF, alcohol consumption and not being adequately prepared. Knowing the dangers and risks can help us prevent tragic accidents. |
Jun 24, 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 |
| Avoid these dangerous Plants that grow in Ontario |
Although poison ivy is the most well-known noxious plant in Ontario, there are other potentially more dangerous plants that should be avoided, notably: wild parsnip, giant hogweed, water hemlock and pokeweed. |
Jun 13, 2017 |
| What to do when CPP Disability Benefits are denied |
Many Canadians who are eligible for CPP disability benefits have their application denied, despite being fully deserving of benefits. In such cases, when appealing a denial of benefits, it’s important to include all medical and employment information to prove eligibility. |
Jun 07, 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 |
| Prevent Poisoning Accidents for Children in your Home |
Poisoning is a common cause of injury and death for children under five, in Canada. The most frequent cause of such accidents is poisoning from drugs, both over-the-counter and prescription medication, but hazardous products also cause many incidents of poisoning. |
May 25, 2017 |
| Long-term Disability Application Deadlines |
LTD plans have contractual deadlines for notifying your insurance provider that you have become disabled due to injury or illness and cannot work. There are also deadlines for submitting a claim with medical evidence for your disability. Missing these deadlines risks having your LTD claim denied. |
May 18, 2017 |
| Watch out for Motorcyclists! |
Motorcyclists are especially vulnerable to severe injury or death when colliding with a vehicle. Although speed and inexperience are common factors in motorcycle crashes, accidents often result when other drivers fail to watch for motorcyclists. |
May 12, 2017 |
| Local Events in Oakville and surrounding Communities in Support of Persons suffering from Brain Injury |
Brain injury associations in Oakville, Hamilton and other communities throughout Ontario provide resources and support for brain injury victims and their families. Learn about some of the upcoming events. |
May 03, 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 |
| Concussions are not to be taken lightly |
Although a concussion is considered to be a mild brain injury, for about 20 per cent of accident victims, concussions result in long-lasting symptoms such as chronic headaches, cognitive difficulties, depression and personality changes. |
Apr 12, 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 |
| Why Homeowners need Property Liability Insurance |
Under the Occupiers’ Liability Act, homeowners can be held liable for injuries and be sued, if someone comes to foreseeable harm on their property, for example, resulting from a fall on an icy driveway, tripping on loose flooring or rugs, or another type of accident. |
Apr 02, 2017 |
| Cervical Spine Injuries in Athletes |
Cervical spine injuries are among the most severe spinal injuries and generally result in a substantial negative impact on the athlete’s ability to function and enjoyment in life. These injuries can be reduced through proper training, stricter rules in sports and better equipment; but are sometimes caused by another player's negligent action. |
Mar 28, 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 |
| Blue Mountain Resort found not liable in Skiing Injury |
A man was injured when he collided with reflector tape marking the closed entrance to a ski run while he was skiing in the late evening with friends. In a recent trial, the judge ruled in favour of the defendant, Blue Mountain, finding that they were not negligent in contributing to the accident and also, the liability waiver signed by the plaintiff would have absolved them of liability, in the circumstances of the incident. |
Mar 08, 2017 |
| Organ Donation: Helping Canadians who are Injured or Dying |
Tragically, Canada places in the bottom third for organ donations in developed nations. Substantial advances in transplant technologies are greatly improving the outcomes for organ donation, but many more Canadians need to register their wish to donate in order to save lives. |
Mar 03, 2017 |
