Insurance Dispute resolved by ordering Insurer to defend Claimants in Negligence Suit

Posted on July 18, 2016 (July 5, 2024) by Kotak Law

In Hill v Intact Insurance Company, the homeowners, who were being sued in a separate negligence action, applied to the court to declare that their insurer, Intact Insurance, has a duty to defend them in this action. Intact Insurance disagreed, claiming that the liability portion of the Hills’ homeowner policy did not apply to the accident ...

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

Posted on July 5, 2016 (July 5, 2024) by Kotak Law

Anyone in Ontario who is injured in a motor vehicle accident may file for statutory accident benefits under their vehicle insurance policy or under the policy of the driver involved in the collision. This provision is available whether you are a driver, passenger, pedestrian, cyclist or ATV rider, and applies equally to accident victims as ...

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Filing a Cycling Injury Accident Claim

Posted on June 22, 2016 (June 16, 2023) by Kotak Law

When weather permits, millions of Canadians ride their bikes to work or for recreation. Some do it for exercise or enjoyment, others for environmental reasons and some cycle as an alternative to traveling by car. Whatever the reason, cycling is a common activity in Ontario, particularly in urban centres and recreational areas that have designated ...

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Rules governing Expert Witnesses in Personal Injury Claims

Posted on June 8, 2016 (June 16, 2023) by Kotak Law

The amount of compensation and damages for which an accident victim is eligible is directly related to the severity of their injuries and their corresponding losses. These losses may entail: income loss (past and future); medical, rehabilitation and attendant care expenses; housekeeping and home-maintenance expenses; out-of-pocket expenses for family members; and non-monetary losses such as ...

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Liability for Drinking Establishments that over-serve Impaired Patrons

Posted on June 1, 2016 (July 5, 2024) by Kotak Law

A commercial or social host who serves alcohol or any substance that can impair their customers’ or guests’ ability to act in a safe manner can be held responsible if someone comes to harm after consuming alcohol or drugs in their business or home. The majority of liability claims in Ontario involve commercial establishments, such ...

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Medical Errors are a Leading Cause of Injury and Death

Posted on May 25, 2016 (June 16, 2023) by Kotak Law

A recent study carried out by John Hopkins University analyzed medical death rates in United States over eight years. The study concluded that over 250,000 deaths annually result from medical errors, which translates into 9.5 percent of deaths each year. This makes medical deaths the third leading cause of death in America, after heart disease ...

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Minor Accidents may result in Serious Injury

Posted on May 16, 2016 (June 16, 2023) by Kotak Law

In September 2011, a 52 year old woman suffered seemingly minor injuries in a low-velocity collision, when she was a passenger in a car that was rear ended while stopped at an intersection. The woman experienced headaches and dizziness immediately after the accident, and then neck and back pain in the days following. She returned ...

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Liability for Sports Accidents: a Study of two Hockey Injury Cases

Posted on May 12, 2016 (July 5, 2024) by Kotak Law

Individuals who participate in sports understand that there is an inherent danger in many of these activities that is a normal part of the game. This is particularly true for contact sports, such as hockey, rugby, football and soccer. However, when someone becomes injured by actions that are not deemed part of ‘normal play’ or ...

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Orthopaedic Injuries – Causes and Types

Posted on May 4, 2016 (June 16, 2023) by Kotak Law

In September 1996, Andrea McIntyre, then a first year student at McMaster University, was struck and injured by a car driven by an impaired driver. The young woman suffered numerous physical injuries, including several orthopaedic injuries, as a result of the accident. More than six years after the incident, Ms. McIntyre was still suffering from ...

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Whiplash Injury Symptoms

Posted on April 11, 2016 (July 5, 2024) by Kotak Law

Whiplash is a common injury that generally results from a sudden and forceful rear impact, most often the result of a rear-end collision. When a vehicle is hit from behind, the vehicle occupant’s neck and head are rapidly hyperextended backwards while their body is pushed forwards. The whip-like motion associated with an abrupt acceleration and ...

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