Meeting the Eligibility Threshold for Pain and Suffering Damages

Posted on May 14, 2017 (July 5, 2024)

A negligent party or driver is not liable for damages for a non-pecuniary loss resulting from a motor vehicle accident unless the injured person died or sustained a “permanent serious disfigurement” or a “permanent serious impairment of an important physical, mental or psychological function”, as defined under Ontario’s Insurance Act (1990) section 267.5(5). This regulation […]

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‘Catastrophic Impairment’ in Motor Vehicle Accident Claims

Posted on May 2, 2017 (January 7, 2025)

We generally use the term ‘catastrophic injury’ to apply to severe and life-altering injuries, such as blindness or a spinal injury that results in paraplegia. However, ‘catastrophic impairment’ has a very specific meaning with respect to accident benefits pursuant to Ontario’s Insurance Act. Catastrophic impairment refers to the most serious category of injuries that may be […]

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Damages awarded for chronic Myofascial Pain resulting from a Car Accident

Posted on April 17, 2017 (July 5, 2024)

An extremely active woman with a rewarding career found her life significantly impacted after she suffered serious injuries in a car accident caused by the defendant driver. In the trial, Camilleri v. Bergen, the defendant admitted liability for the accident and did not dispute the evidence from medical experts demonstrating that the plaintiff suffers chronic […]

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Defendant’s Insurer ordered to pay full Settlement arising from Snowmobiling Accident

Posted on April 2, 2017 (July 5, 2024)

Snowmobiling is a very popular sport in Canada, but it is also the most dangerous winter sport in this country. And, although many participants practice safe snowmobiling, there are also frequent incidents of reckless actions every winter in Ontario, that result in serious accidents and injury for both drivers and passengers. A Feb 13 news […]

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Passengers not found contributorily liable in Personal Injury Claim

Posted on February 24, 2017 (July 5, 2024)

A 16-year-old boy took his mother’s vehicle without her consent, and went for a joyride with three friends. The underage driver was driving in breach of his G1 as he did not have a properly licensed passenger in the vehicle. He lost control on a straight section of the road, causing the car to roll […]

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Can a Defendant demand an independent Medical Assessment of an Injured Plaintiff?

Posted on February 14, 2017 (July 5, 2024)

As set out in the Courts of Justice Act, s. 105 and the Rules of Civil Procedure, (rule 33.01) a defendant may submit a motion to request an independent medical examination of a plaintiff if the latter’s physical or psychological condition has changed or is in question. The intent of this type of motion is […]

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Court finds the Defendants liable when a Sidewalk Sign injures a Toronto Woman

Posted on February 2, 2017 (July 5, 2024)

If you are injured due to an unsafe condition on a property or due to a product that is unsafe in terms of its design, construction or installation, you may be eligible for compensation for your injury and losses. Owners and occupiers of a property are responsible for keeping anyone coming onto their property reasonably […]

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Stroke Victim wins Medical Malpractice Suit

Posted on January 24, 2017 (June 16, 2023)

A recent civil suit arose after a 24-year-old woman suffered a major stroke, allegedly resulting from the attending physician’s negligence after she arrived in the emergency department of an Ontario hospital. In Boyd et al. v. Edington et al., the plaintiffs claimed that an error in administering blood pressure medication and a delay in receiving […]

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Family allowed to seek Punitive Damages in Wrongful Death Claim

Posted on January 11, 2017 (July 5, 2024)

When someone suffers a fatal injury caused by a negligent act, family members of the accident victim are entitled to seek damages in a wrongful death claim. Wrongful death claims may arise out of many different circumstances including, but not limited to, motor vehicle collisions, medical malpractice, and recreational/sports accidents. Under the Family Law Act, […]

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How Damages are Awarded if you have a Pre-existing Condition or Injury

Posted on December 9, 2016 (July 5, 2024)

Unfortunately, it is not unusual for someone suffering from an injury or pre-existing condition to be involved in a second accident or multiple collisions resulting in additional injuries or causing their previous symptoms to become more severe. When someone seeks damages for losses resulting from a subsequent accident, an arbitrator or judge must determine what […]

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Author: Kotak Law

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