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…

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…

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…

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…

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