Car Accidents Archives - Page 3 of 5

Can a Defendant demand an independent Medical Assessment of an Injured Plaintiff?

Posted on February 14, 2017 (June 16, 2023) by Kotak Law

As set out in the Courts of Justice Act, s. 105 and the Rules of Civil Procedure, (rule 33.01) a defendant may submit a motion to request an independent medical examination of a plaintiff if the latter’s physical or psychological condition has changed or is in question. The intent of this type of motion is […]

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Family allowed to seek Punitive Damages in Wrongful Death Claim

Posted on January 11, 2017 (June 16, 2023) by Kotak Law

When someone suffers a fatal injury caused by a negligent act, family members of the accident victim are entitled to seek damages in a wrongful death claim. Wrongful death claims may arise out of many different circumstances including, but not limited to, motor vehicle collisions, medical malpractice, and recreational/sports accidents. Under the Family Law Act, […]

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How Damages are Awarded if you have a Pre-existing Condition or Injury

Posted on December 9, 2016 (June 16, 2023) by Kotak Law

Unfortunately, it is not unusual for someone suffering from an injury or pre-existing condition to be involved in a second accident or multiple collisions resulting in additional injuries or causing their previous symptoms to become more severe. When someone seeks damages for losses resulting from a subsequent accident, an arbitrator or judge must determine what […]

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A Defendant’s Dangerous Driving Offence influences their Civil Trial

Posted on December 1, 2016 (June 16, 2023) by Kotak Law

The majority of motor vehicle accidents are the result of careless actions, and for many car accidents, one or more of the drivers is guilty of a traffic violation connected to the circumstances of the accident. In some cases, the ‘at fault’ driver may have been impaired or driving recklessly and subsequently found guilty of […]

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Parent found vicariously liable for his Son’s Car Accident

Posted on November 11, 2016 (June 16, 2023) by Kotak Law

Vehicle owners should always think long and hard before they lend their vehicle to another person, including any adult children, as owners are ultimately liable in the event of an accident. Also, once you have lent your vehicle to another person in the past, even if you did not expressly permit them to drive on […]

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

Posted on October 5, 2016 (June 16, 2023) 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 (June 16, 2023) 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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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 (June 16, 2023) 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 (June 16, 2023) 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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