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…

Material and Emotional Damages

When you have been injured in an accident, your claim for damages is broken up into different “heads of damages” or categories.  The types of damages that may be claimed from the at-fault party vary from case to case. In most cases, the following broad categories of damages will apply: General damages refer to monetary…

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…

Repair vs. Maintenance

Repair vs. Maintenance?  Are they the same when looking at entitlement to Statutory Accident Benefits? The answer is no. In my last blog, I looked at some different situations that fall within the definition “accident” under the Statutory Accident Benefits.  Since the release of that post, there has been a court decision released which clarifies…

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…

Hourglass and clock

A limitation period is the period of time between the accident and when an action must be started or a notice given. These limitation periods are extremely important since, if you do not meet the timelines, then your right to recover damages might be lost. After a car accident there are a few limitation periods…

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…

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…

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…

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