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Has Manulife Denied Your Disability Insurance Claim?

Apr 12, 2018
A guide for those denied benefits by Manulife, by disability lawyer Nainesh Kotak. … Read more

Claiming Long-term Disability for Mental Illness

Apr 04, 2018
The number of disability claims for mental illness such as depression has risen significantly in the past few decades, and increasing stress and changes in the nature of work are some of the reasons. … Read more

Claimant diagnosed with Brain Tumour can’t be denied LTD Benefits due to Pre-existing Condition

Mar 06, 2018
In a disputed brain cancer disability claim, the court ruled that the insured’s migraine headaches, for which she sought treatment during the exclusionary period (and which were later found to be symptoms of her cancer), were not the actual condition for which she claimed disability benefits. Therefore, her headaches did not fall within the exclusionary clause or exempt her from receiving disability benefits. … Read more

Court finds Genuine Issue for Trial in Mississauga Slip and Fall Accident Claim

Jan 09, 2018
An Ontario Court denied the City of Mississauga’s motion to have a claim for damages in connection with a slip and fall accident dismissed against them, finding there was a genuine issue for trial. … Read more

Medical Breakthroughs for Victims of Spinal Cord Injury

Oct 09, 2017
Spinal injuries often lead to long-term disability and although there is, as yet, no cure for a spinal cord injury, rehabilitation treatments have made great strides in recent years and a number of medical breakthroughs are showing promise in improving function and strength for victims of SCI. … Read more

Court rules that Insurer must pay LTD Benefits as well as Damages for Mental Distress arising from a Denial of Benefits

Sep 02, 2017
A woman was awarded full long-term disability benefits as well as damages for mental suffering after she was denied benefits under an employee disability plan. The plaintiff suffered from MS and took crystal meth to alleviate some of her symptoms, and the insurer alleged that substance abuse fell under the Policy’s exclusionary provision. … Read more

Long-term Disability Dispute impacts Supplementary Benefits such as Health and Dental Coverage

Jun 05, 2017
After a claimant received a settlement for long-term disability benefits that had previously been denied, she sought to have her supplementary dental and health coverage reinstated but in a 2017 civil action, her employer filed a motion to deny the supplementary benefits for being claimed too late. … Read more

Psychological Trauma from a Scar and Disfigurement Injury

May 22, 2017
When a person sustains a traumatic scar and disfigurement injury, they often suffer from psychological and emotional injuries, and a loss of enjoyment in life. … Read more

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

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

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
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