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…

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…

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….

civl claim - Father child hospital comforting hands

When you sustain a personal injury, whether through a car accident, slip and fall or trip and fall, you can make a civil claim for damages. A civil claim is made by bringing a lawsuit against the party at fault for the injuries that you have sustained.  In order to be successful in bringing a…

neck injured in car accident

Being involved in a car accident can be a frightening experience. In the moments after an accident, adrenaline can take over and you might find that you feel okay while at the scene. However, once the initial shock from the accident wears off, you may find that you are injured or that you are in…

Personal Assets at Risk

On June 1, 2016, the Ontario Automobile Insurance Scheme will come into effect. The new Ontario Auto Insurance Legislation, which is being promoted by the Ontario Government to reduce your premiums, will drastically reduce the “no fault benefits” that you currently have.  “No fault benefits” are benefits paid by your own insurer in the event…

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