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

Feb 02, 2017
The owner and maintenance contractor for a Toronto sign were found liable for a pedestrian’s injuries when their sign blew violently into the woman’s face, resulting in a loss of consciousness and minor brain injury. … Read more

Stroke Victim wins Medical Malpractice Suit

Jan 24, 2017
In Boyd et al. v. Edington et al., an Ontario physician was found liable for $15 Million in damages after a hospital patient suffered a stroke after a delay in receiving anti-blood-clotting medication. … 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

Social Media may affect your Personal Injury Claim

Dec 16, 2016
Insurance companies may use a claimant’s social media posts to discredit the accident victim’s claim of serious injury, if they find photos or posts that show the claimant to be having fun, enjoying their job and/or actively involved in social activities. … 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

City of Toronto negligent in Slip and Fall Accident on an Icy Laneway

Nov 18, 2016
Toronto laneways are increasingly used by pedestrians, although originally designed largely for vehicular traffic. When a woman fell and was injured on an icy Toronto laneway commonly used for pedestrian traffic, it was determined that the City’s standard for inspecting and maintaining the laneway fell short of the standards for City sidewalks. … 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

Municipality found liable in Recreational Accident

Oct 31, 2016
On Appeal, the Ontario Superior Court upheld an Arbitrator’s ruling that the City of Hamilton is liable to pay damages for injuries resulting from a tobogganing accident on City property. … 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

How does Contributory Negligence affect my Claim?

Sep 26, 2016
If a plaintiff did not take due care for their safety and their actions were not those of a reasonable and prudent person, they may be found contributory negligent in their own injuries. This means that there award of damages will be adjusted by the percent that they are held negligent … 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

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

Jul 18, 2016
In Hill v Intact Insurance Company, the court decided that the insurer was obligated to defend the insureds in a liability suit arising from an injury that occurred on their property. … 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

Rules governing Expert Witnesses in Personal Injury Claims

Jun 08, 2016
Expert witness testimony plays a huge role in providing evidence for the severity of injury and losses in a personal injury claim. … 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

Medical Errors are a Leading Cause of Injury and Death

May 25, 2016
Studies both in United States and Canada indicate that medical errors are a leading cause of injury and death in our countries, although generally unreported … 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

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

May 12, 2016
Although participants should be aware that there are potential risks inherent in any sport, such as hockey, players can be held liable if they recklessly or maliciously injure other players. … 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

Catastrophic Impairment refers to the highest threshold of injuries in a personal injury claim

Feb 26, 2016
Accident victims who sustain a 'catastrophic impairment' are potentially eligible for the maximum compensation available under the statutory accident benefits of their motor vehicle insurance policy. … 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

Slip trip and fall accidents are often caused by an unsafe property

Feb 16, 2016
Thousands of Canadians are seriously injured every year in a slip, trip and fall accident. In many cases, these incidents result from an unsafe condition on a premises, and injured persons may claim injury compensation in such cases. … Read more
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