Blog - "Car Accidents"

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Meeting the Eligibility Threshold for Pain and Suffering Damages

May 14, 2017
In order to be eligible for non-pecuniary damages for pain and suffering, a plaintiff must show, on balance of probabilities, that their injury meets the statutory threshold for permanent serious impairment. … Read more

‘Catastrophic Impairment’ in Motor Vehicle Accident Claims

May 02, 2017
‘Catastrophic Impairment is the most serious classification of injury severity under Ontario’s statutory accident benefits schedule, and entitles someone to the highest maximum benefits; however, many accident victims with severe and life-altering injuries unfortunately do not meet the catastrophic designation. … Read more

Damages awarded for chronic Myofascial Pain resulting from a Car Accident

Apr 17, 2017
In a car accident injury claim, the judge acknowledged the significant impact of the plaintiff’s injuries on her future career and enjoyment in life, and awarded her almost $670,000 in damages. … Read more

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

Apr 02, 2017
A personal injury claim arising from a snowmobile accident was settled for $900,000. A trial followed to determine which insurer is obligated to pay the $700,000 over the $200,000 statutory minimum limit already paid by the defendant’s insurer. … Read more

Passengers not found contributorily liable in Personal Injury Claim

Feb 24, 2017
In a 2016 civil action, a young driver who was not fully licensed was found wholly negligent for an accident, despite alleging that an animal on the road caused him to lose control and despite a claim that his injured passengers convinced him to take his mother’s care without consent. … Read more

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

Feb 14, 2017
Sometimes a defendant in a lawsuit may file a motion for an independent medical examination of the injured plaintiff. A judge will allow this motion if it is in the interests of fairness and does not advantage one party or another. … Read more

Family allowed to seek Punitive Damages in Wrongful Death Claim

Jan 11, 2017
A wrongful death claim arose after a man was killed when a fire extinguisher flew off the back of a truck and went through his windshield, while he was driving on the QEW. A motions judge allowed surviving family members to seek punitive damages against the truck owner/operator. … Read more

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

Dec 09, 2016
In Desbiens v. Mordini, a man with paraplegia was injured in a car accident, but his pre-existing condition did not preclude an award of damages for the further injuries he sustained. … Read more

A Defendant’s Dangerous Driving Offence influences their Civil Trial

Dec 01, 2016
If the defendant in a civil suit was convicted of a criminal or traffic offence connected with the accident, their previous conviction generally carries weight in a determination of negligence in a civil proceeding. … Read more

Parent found vicariously liable for his Son’s Car Accident

Nov 11, 2016
A vehicle owner is liable for accidents and injuries when they lend out their vehicle. In a recent case, Nemeth v. Yasin, a father and owner of the family vehicle was found vicariously liable for his son’s car accident, despite having forbade his son to drive his car. … Read more

Ontario Court decides ‘Accident’ doesn’t require a moving Vehicle

Oct 05, 2016
In Economical Mutual Insurance Company v. Caughy, 2016, when the insurer denied a claimant statutory accident benefits for a spinal injury, the judge found in favour of the injured claimant and ordered the insurer to pay. … Read more

Increased Marijuana Use raises Concerns about identifying Drug-impaired Drivers

Sep 28, 2016
As Canada moves towards likely legalization of marijuana, we are already seeing an increase in cannabis shops and drug-related accidents. Canada’s government promises that legislation will protect vulnerable Canadians and that devices will be available to detect drug use, but Canadians are still concerned that drug-related car accidents will become more common. … Read more

Ensure that your Claim is not barred by a Limitation Period

Aug 22, 2016
A person who discovers they have suffered a serious and permanent injury more than two years after an automobile accident may still claim for damages if they were reasonably diligent in determining whether they have grounds for a claim. … Read more

Chronic Pain Syndrome is an unexpected but often devastating Condition

Aug 09, 2016
Some accident victims who suffer soft-tissue damage, concussions, fractures and other injuries, develop chronic pain that substantially impacts their ability to function and enjoyment in life. … Read more

Pedestrian Accidents on the rise in greater Toronto

Aug 02, 2016
Pedestrian accidents in the Toronto area are on the rise. Yet, pedestrian fatalities are not inevitable; most are preventable and result from driver negligence or error. … Read more

Recent changes to Catastrophic Impairment may affect your Claim

Jul 20, 2016
Included in the changes effected by the Ontario government on June 1st, the maximum accident benefit for anyone who sustains a catastrophic impairment was cut in half. The amended statutory accident benefits also adds complexity to the process of classifying a catastrophic impairment. … Read more

See how June 1st Changes to Statutory Accident Benefits may impact you

Jul 05, 2016
On June 1st, 2016, the Ontario government mandated changes to the statutory accident benefits for Ontario automobile insurance policyholders. … Read more

Filing a Cycling Injury Accident Claim

Jun 22, 2016
When cyclists are involved in accidents, they are more likely to incur serious injuries. Cyclists may file for injury compensation for accidents involving motor vehicles, or when the cycling accident resulted from an unsafe condition caused by a negligent property owner/operator. … Read more

Liability for Drinking Establishments that over-serve Impaired Patrons

Jun 01, 2016
In 1972, The Supreme Court of Canada established that commercial hosts owe a duty of care to protect patrons from foreseeable harm, such as may result from intoxication. … Read more

Minor Accidents may result in Serious Injury

May 16, 2016
Even minor car accidents can cause serious injuries that may interfere with an accident victim's ability to work and may become a source of long-term pain and depression … Read more

Orthopaedic Injuries - Causes and Types

May 04, 2016
Serious orthopaedic injuries often result from car accidents and slip and fall accidents, and often with long-term impacts for the accident victim, such as chronic pain and physical limitations. … Read more

Whiplash Injury Symptoms

Apr 11, 2016
Although whiplash symptoms clear up within a few months for most accident victims, for some, symptoms such as chronic pain and depression can last for years or even, permanently. … Read more

Driver liability in a rear end collision

Mar 18, 2016
Rear end collisions commonly occur during slow moving traffic conditions as well as on Ontario highways, but either situation can result in severe injuries with permanent effect. The rear driver is almost always found negligent in causing injuries to the occupants of the car that was rear-ended. … Read more

Drivers are Liable for Car Accidents caused by Distraction

Feb 24, 2016
The use of electronic communication devices while driving is credited with an increase in car accidents caused by distracted driving. As a result, Ontario’s Bill 31 prohibited the use of electronic hand-held devices effective September 2015. However, even if drivers are momentarily distracted while involved in a legal activity such as talking to passengers while driving, they can be held liable if their inattention results in an accident and injuries. … Read more

What is an 'Accident'? Part 2 of 2: Use or Operation

Feb 11, 2016
What is an 'Accident'? Part 2 of 2: Use or Operation … Read more

The Mario Muzzo crash is unfortunately one of several recent drunk driving accidents resulting in a wrongful death and devastating Ontario families

Feb 08, 2016
Drunk driving was the cause of several recent and tragic car accidents in Ontario which resulted in fatal injuries for innocent victims. In addition to a criminal trial to resolve drunk driving charges, a civil lawsuit for wrongful death damages against the ‘at fault’ person may be filed by the families of accident victims … Read more

Accident Part 1: Automobile

Jan 20, 2016
Accident Part 1: Automobile … Read more

Insurance Benefit Exclusions: Who's not Covered?

Sep 09, 2015
The Statutory Accident Benefits Schedule ('SABS') limits the entitlement of some 'insured persons' to accident benefits by creating a number of exclusions.... … Read more

Insured Persons. Who is Covered?

Jul 16, 2015
Insured Persons. Who is Covered? … Read more

Overview of Mandatory Statutory Accident Benefits

Jul 10, 2015
A brief explanation of the Mandatory Statutory Accident Benefits … Read more
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