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…

construction on brick wall

This is Photoshop’s version of Lorem Ipsum. Proin gravida nibh vel velit auctor aliquet. Aenean sollicitudin, lorem quis bibendum auctor, nisi elit consequat ipsum, nec sagittis sem nibh id elit. Duis sed odio sit amet nibh vulputate cursus a sit amet mauris. Morbi accumsan ipsum velit. Nam nec tellus a odio tincidunt auctor a ornare…

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…

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…

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