|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
|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
|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
|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
|Children under 16 at risk on Snowmobiles
||Snowmobiling is the Canadian winter sport with the largest number of serious injuries and deaths. Respected organizations including the Canadian Paediatric Society recommend that children under 16 should not drive.
||Feb 07, 2017
|A newly developed Concussion Test is good News for Accident Victims
||A blood test for concussion was newly developed at the University of Western Ontario and will identify concussions in accident victims such as athletes, with 90 per cent accuracy.
||Feb 05, 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
|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
|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
|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
|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
|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
|Taking particular Care to Drive Sober over the Holidays
||For many Canadians, the holiday season presents multiple occasions for celebrating with friends, family and co-workers. Unfortunately, it also brings an increased risk of car accidents caused by drunk driving, but we avoid being part of the problem
||Dec 20, 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