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…

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…

business man with smashed car

Many Ontarians are unaware that, when you have car accident in Ontario, there is no automatic right to sue the person who caused the accident.  In order to be able to sue, the person who is injured in a car accident needs to be able to prove that they have a serious and a permanent…

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…

Man's Hand Putting Coin into a Car

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airbag deployed

In 2014, the Ontario government introduced the Fighting Fraud and Reducing Insurance Rates Act.  It’s purpose was to provide a fair and cost effective way to resolve accident benefits disputes between insurers and insureds.  It did so by taking away a person’s right to start a court action in any cases where the dispute involved entitlement…

share the road with bikers

As a driver nothing is more frustrating than not knowing what other drivers or pedestrians are going to do. Many cities are trying to “go green” and are encouraging people to walk, ride a bike or use other green methods of transportation.  While this is great for the environment it also means that drivers are…

Injury claim

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…

Friends Toasting Glasses

In the recent decision of Wardak v. Froom, the Ontario Superior Court of Justice had the opportunity to review the principles relating to the liability of a social host. The Court began by reviewing the 2006 decision of the Supreme Court of Canada in Childs v. Desormeaux. In the Childs case, the Plaintiff was paralyzed…

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