In Ontario, automobile insurance runs under a “no-fault” system. “No-fault” does not mean that no one is at fault, or that it doesn’t matter whose fault the accident is. In terms of Accident Benefits, “no-fault” means that, regardless of who is to blame for the accident, anyone who is injured may receive some compensation. It is this…

Angry Dog Bites

The civil liability of dog owners in Ontario is governed by the Dog Owners’ Liability Act. Section 2(1) of the Act states that “The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal.” The result of this section is the imposition…

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…

Gavel and Dollar Sign Costs of Law

When a lawsuit goes to trial, the general rule is that the successful party will have at least some of its costs (legal fees) paid by the unsuccessful party. This can be a significant risk for a Plaintiff who does not have the money to pay. In the last several years, there has been a…

In the recent decision of Wardak v. Froom, the Ontario Superior Court of Justice had the opportunity to review the principles relating to the liability of a social host. The Court began by reviewing the 2006 decision of the Supreme Court of Canada in Childs v. Desormeaux. In the Childs case, the Plaintiff was paralyzed…

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…

fastening a seat belt in the car

When a driver or passenger in a vehicle fails to wear a seat belt, they are clearly taking a risk with their safety. There might also be legal consequences if they are in a car accident and are not wearing their seat belt. The Ontario Court of Appeal has provided us with some guidance on…

cyclists in bike lane

The City of Ottawa has opened a number of bike lanes downtown that are causing concern for cyclists and motorist alike. There is a new bike lane on O’Connor Street which has reduced the vehicle traffic by one lane, causing headaches for motorists and confusion for cyclists.  In order to safely share the road, there…

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….

Man handing over car keys

Kristopher O’Connell (the insured) was 23 years of age and had been dating Jessica Smith for 5 months when she asked to borrow his vehicle in order to move her cat and some items to her new apartment. Kristopher knew that she had a driver’s licence because he had seen her showing it to gain entry…

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