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Title Summary Date Published
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
The Brain Project Exhibit comes to Yorkdale Mall "The Brain Project" is exhibiting brain art at Yorkdale Mall in the coming week, with the objective of raising awareness and research funding for Alzheimer’s and other forms of dementia. Dementia or age-related brain disease affects 750,000 Canadians, and about one million more are living with acquired brain injury due to accidents. Oct 24, 2016
Recent Research warns Cigarette Smoking distracts Drivers A Government of Quebec study reveals that smoking while driving constitutes as a serious distraction. Oct 22, 2016
Accident Victims who suffer from Depression Increasingly recognized is the fact that car accidents can result in psychological injuries such as depression that often has significant and long-term effects on accident victims. Even persons allegedly negligent in causing an accident may experience psychological symptoms as a result of the traumatic event. Oct 20, 2016
Terrible Mississauga Car Accident results in fatal Injuries for Two Young People In a recent Mississauga collision, a car crashed into a tractor trailer truck, resulting in the deaths of two young adults, 20 and 22 years old. It is yet to be determined whether speed was a factor in this tragic accident. Oct 15, 2016
Tesla Accident raises Questions about Product Liability The recent Tesla accident which resulted in the death of a 40 year old driver, raises questions about who is at fault in an accident involving self driving technology. Oct 13, 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
Post-traumatic Stress Disorder caused by Car Accidents Many studies of post-traumatic stress disorder have been conducted to determine causes and effects of this disabling condition. In many cases, PTSD is suffered by victims of motor vehicle accidents . Oct 09, 2016
Pedestrian Collisions claim the Lives of Two London Residents Two recent and tragic pedestrian deaths in London Ontario highlight a concern that drivers need to always monitor for pedestrians and follow driving regulations aimed at keeping all road users safe. Oct 07, 2016
Assessing Pediatric Catastrophic Impairment under Ontario's Statutory Accident Benefits When a child's injuries include brain trauma or muscular-skeletal impairment they may qualify for a higher level of benefits by being classified as having a "Pediatric Catastrophic Impairment" under Ontario's statutory accident benefits (SABS). Oct 05, 2016
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Blog Categories
  • All Posts
  • Bodily Injuries - Accident victims may suffer a wide variety of physical and mental injuries that result in diminished mobility and pain.
  • CPP Disability Claims - Injured or disabled individuals who have paid into CPP are eligible to receive benefits.
  • Car Accidents - Car and truck accidents are the leading cause of personal injury in Ontario.
  • Cycling Accidents - Many Ontario communities offer very little infrastructure to keep cyclists safe and separate from other road users. This circumstance coupled with inattentive or reckless motorists too often results i
  • Distracted Driving Accidents - Distracted driving is a leading cause of car accidents and personal injury.
  • Dog Bites - Dog bites and attacks in Ontario generally result from irresponsible owner actions. Under the Dog Owners' Liability Act, dog owners can be held responsible for bites to other people or their pets.
  • Impaired Driving Accidents - Car accidents caused by an impaired driver.
  • Injury Compensation - Personal injury compensation may include damages for financial losses, loss of enjoyment in life, and punitive damages.
  • Long term Disability Benefits - Individuals who are unable to work due to injuries or illness may be entitled to claim long-term disability benefits.
  • Motor Vehicle Accident Benefits - Accident victims are eligible to make a claim for motor vehicle accident benefits under their vehicle insurance policy.
  • Motorcycle Accidents - Motorcycle riders are particularly vulnerable to serious injury in the event of a motorcycle collision. When an accident is caused by a careless car or truck driver, an injured motorcyclist is eligib
  • Municipal Liability - Municipalities may be liable for injuries if an unsafe condition on a municipal property or caused by a municipal service/employee resulted in injury to the public.
  • Pedestrian Accidents - Pedestrian accidents often result in serious injury or death, and in many cases, are caused by motorists who are speeding or fail to monitor for pedestrians.
  • Premises Liability - Under Ontario's Occupiers' Liability Act, an owner, tenant or someone responsible for the activities on a property, may be liable if someone is injured on an unsafe condition on the property.
  • Recreational Accidents - Recreational accidents includes accidents resulting in injury while participating in organized sports, ATV and snowmobiling, water-related activities, and other recreational venues
  • Slip Trip and Fall Accidents - A slip and fall or trip and fall accident may result in serious injuries. If these injuries were caused by an unsafe condition on a premises, the property owner may be held liable for damages.
  • Spinal Cord Injury - Damage to the spinal cord causes spinal cord injury and the effects are generally reduced mobility and sensory functions, often with a devastating impact on the injured person's life.
  • Traumatic brain Injury - When a violent blow to the head causes a traumatic brain injury, there may be tissue damage, bleeding, bruising and other damage that can cause long-term effects or fatal injury.

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