In October of 2019, the Court of Appeal released its decision in Benson v. Belair Insurance Company Inc. This was two appeals heard together involving different parties and accidents but with a common issue. Both cases involved Ontario residents who were operating off-road vehicles (an ATV and a dirt bike) outside of the Province of…

The idea that a hockey injury caused by rough play may give rise to legal action is likely a foreign concept to most Canadians who grew up around the game. Hockey is an occasionally dangerous sport and is often played by tough competitors. As such, some degree of risk and the potential of injury is…

If you have been injured in an accident involving a motor vehicle, you will probably hear the expression ‘getting over the threshold’. When you make a claim for compensation for pain and suffering and a loss of enjoyment of life, you must show that you have a serious and permanent impairment. The question is: do…

The Licensing Appeals Tribunal in the recent decision of [The Applicant] by his Guardian, K.R. vs. Unifund Assurance Company, 2019 Carswell Ont 7818 considered this very question. The Applicant was catastrophically injured in a collision on August 19, 2019.  As a result of the collision the Applicant was in a coma until his death a…

Changes Ahead Road Sign

A recent decision of the Ontario Superior Court of Justice may signal a change in estate litigation culture, specifically in how the courts are likely to deal with a will challenge. In the case of Seepa v. Seepa, 2017 ONSC 5368, Justice Myers reviewed the common practice in estate litigation cases involving a will challenge….

Transitway

Over 340,000 riders use the OC Transpo system every day with over 900 buses running from all corners of the City. If you are injured while riding a city bus, you might be entitled to certain accident  benefits either through your own automobile policy, or, if you are not covered on an automobile policy, through…

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…

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…

Alarm clock and money on balanced scale. Business concept

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