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

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

If you are injured in any type of motor vehicle accident, including as a motorcycle rider, pedestrian or cyclist, you are entitled to claim statutory accident benefits under your vehicle insurance policy or the policy of the owner of a vehicle involved in the collision. Although owed benefits are defined under the Ontario Insurance Act, ...

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Increased Marijuana Use raises Concerns about identifying Drug-impaired Drivers

Posted on September 28, 2016 (July 5, 2024) by Kotak Law

Increasingly in the news is the surge in marijuana shops and dispensaries in many Canadian communities, notably Toronto and Vancouver, since the Liberals indicated their intention of legalizing marijuana as a regulated industry. A Maclean’s article in April 20, 2016 titled “Why buying pot has never been easier” reported that the Kensington Market district alone ...

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How does Contributory Negligence affect my Claim?

Posted on September 26, 2016 (June 16, 2023) by Kotak Law

In some accidents, such as motor vehicle collisions and slip and fall accidents, an injured person may have contributed to their injury, either in a minor way or more significantly. The courts may find a plaintiff to have been contributory negligent in their injury if their actions were not those of a reasonable and cautious ...

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Ensure that your Claim is not barred by a Limitation Period

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

The Ontario Limitations Act, sets a two year time restriction that affects when an accident victim must commence a personal injury claim before it is statute-barred. Also, under the Insurance Act of Ontario, section 267.5(5), a person injured in a motor vehicle accident can seek compensation for their pain and suffering (i.e. non-pecuniary damages) only ...

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Chronic Pain Syndrome is an unexpected but often devastating Condition

Posted on August 9, 2016 (July 5, 2024) by Kotak Law

On January 15, 2011, while she was a front-seat passenger, a woman was injured in a vehicle that was rear-ended in stop-and-go traffic. The 54 year old woman suffered a whiplash injury which caused neck and back pain. Her symptoms persisted and worsened, and evolved into chronic pain syndrome. She had difficulty standing or sitting ...

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Pedestrian Accidents on the rise in greater Toronto

Posted on August 2, 2016 (July 3, 2025) by Kotak Law

On June 15, 2016, a Globe and Mail article, “Fatal Crossings” brought attention to the fact that pedestrian deaths in Toronto have increased 15 per cent in the past five years. Most disturbingly, a pedestrian is struck every four hours, and on average, every 10 days a pedestrian dies. Toronto Mayor John Tory expressed his ...

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Recent changes to Catastrophic Impairment may affect your Claim

Posted on July 20, 2016 (July 5, 2024) by Kotak Law

For the purpose of eligibility for ‘no fault’ accident benefits, someone injured in a motor vehicle accident is categorized as either having minor injuries, non-minor injuries, or a catastrophic impairment. This designation is particularly important for seriously injured accident victims because the cost of assistive devices, attendant care, home modifications and so on can be ...

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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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