Is Chronic Pain Included Under the Minor Injury Guidelines? The answer to this question according the Reconsideration Decision in the case of 17-000835 v. Aviva General Insurance Canada is NO. T.S. was injured in a motor vehicle accident on January 16, 2015 and sought funding from his insurer, Aviva General Insurance Canada (“Aviva”), for medical…

Many Ontarians think that car insurance exists simply to cover the cost of property damage when they are involved in an accident. Although this is certainly true, property damage plays a small role in what is a complicated web of coverage. The standard auto insurance policy includes many different coverages. The most prominent of these…

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…

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…

Car Accident

While driving northbound on Trafalgar Road with her young daughter, Suzanne Padt was suddenly faced with white-out conditions. She could not see where she was going and went off the road, rolling her car over and ending up in a ditch. Fortunately within a short period of time, four cars and a police officer stopped…

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….

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