varying type car accidents

What constitutes an “Accident” under the Statutory Accident Benefits Schedule? Every person who owns a car in Ontario is required to have a valid motor vehicle insurance policy.  All motor vehicle insurance policies in Ontario provide for Statutory Accident Benefits.  If you are involved in an “accident”, you are entitled to apply to receive accident…

construction on brick wall

On May 31, 2017, Bill 142 was introduced at Queen’s Park.  The aim of the Bill is to modernize the Construction Lien Act.  There are a number of proposed changes to the act that will impact how payments are made to contractors, the adjudication of construction disputes and a contractor’s lien right. There are two…

Review of settlement and calculations

The Ontario government recently introduced a minor change to Section 267.5(9) of the Insurance Act.  The change, while minor, will have a big impact on how Plaintiff’s lawyers assess Rule 49 Offers to Settle presented by Defendants. Section 267.5(9) of the Insurance Act, now states “in an action for loss or damage from bodily injury…

The decision of Daggitt v. Campbell, 2016 ONSC 2742 was recently released.  Madam Justice MacLeod-Beliveau was asked on a motion to compel a plaintiff to attend a defence psychiatry examination.  The plaintiff opposed the motion on two grounds.  First there was insufficient evidence to support the need for a psychiatry assessment.  Second, the plaintiff argued…

Subcontractor Construction Lien - Worker Closeup with Hardhat in Hand

For most Subcontractors, even the thought of registering a construction lien can be daunting. This uneasiness is often due to a lack of knowledge regarding the process and procedures of bringing a lien.  To help ease this uncertainty, I will provide a brief outline of the important dates and information needed to bring a successful construction lien. The…

Young man with head injury - limitation periods on AB claims for minors

It is extremely important to understand what the limitation periods are with regards to minors receiving Statutory Accident Benefits (SABS). If your child was injured in a car accident, and is receiving Statutory Accident Benefits, then you might be interested in the February 2016 decision of the Financial Services Commission of Ontario (FSCO) in Moran v….

CPP Disability Benefits Application

Applying for CPP disability benefits can be a lengthy and, sometimes, complicated process. Most people complete the application submission on their own.  Here are a few tips to improve the chances of your application being accepted the first time: #1. They apply too early To qualify for CPP disability benefits, the applicant must prove to…

Injured Truck Driver

According to Ontario’s Ministry of Transportation, there were approximately 48,000 people injured in car accidents in Ontario in 2014. [1] Unfortunately, many of these injuries often result in the inability to work for an extended period of time. This loss of income can cause further stress, both financially and emotionally, to the injured person, and…

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