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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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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