|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
|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
|Keeping your Home safe for Children over the Holidays
||The holiday season presents several additional dangers to children in the home, but as caregivers and parents, there is much we can do to keep our own children and any visitors to our home safe over the holidays.
||Dec 11, 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
|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
|Do we have a Dog Bite Problem in Ontario?
||The incidence of dog bites has increased in some parts of Ontario, such as in Toronto, despite the 2005 ban on pit-bull breeds. This circumstance calls for better education of dog owners and the public, as well as better enforcement.
||Dec 04, 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
|The Challenges for Victims of Neurological Injuries such as Spinal and Brain Injury
||Accident victims who sustain neurological injuries such as spinal and brain injury face many substantial challenges in health care, recovery and functioning at home.
||Nov 28, 2016
|What type of Injury Benefits can I claim under my Vehicle Insurance?
||Cyclists, pedestrians, drivers and passengers who are injured in any motor vehicle accident are eligible to claim various benefits under their vehicle insurance depending on the severity of their injury.
||Nov 26, 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
|Female Walker assaulted in Toronto
||Although the highest risk for pedestrians is attributed to negligent drivers, every year pedestrians are assaulted while walking, jogging or running. The latest assault occurred on the evening of November 5th, but there were several earlier assaults on pedestrians in 2016. Walkers and runners can take a number of actions to reduce the risk of injury, but this doesn't in any way diminish the fault of the attacker in these incidents.
||Nov 08, 2016
|Preventing Playground Accidents
||Safe playground design and construction, and proper supervision of children can often prevent playground injuries to children.
||Nov 06, 2016
|Canada lagging in affordable and accessible Mental Health Services
||Many Canadians suffer from mental illness, such as anxiety disorder and depression, but for most Canadians, it can be difficult if not impossible, to get access to affordable mental health professionals and treatments.
||Nov 03, 2016
|Am I liable for my Injuries if I’m not wearing a Seatbelt?
||The Ontario Traffic Act requires everyone to wear a seat belt, and if you are injured by an ‘at fault’ driver, you may be found contributorily liable if not wearing a seat belt at the time of your accident.
||Nov 01, 2016
|Women at risk due to a Failure to adequately test Drugs on Women
||The fact that women and even, female mice are greatly underrepresented in drug and medical trials means that marketed medications may be ineffective or dangerous when used by women.
||Oct 28, 2016