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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Minor Accidents may result in Serious Injury

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

In September 2011, a 52 year old woman suffered seemingly minor injuries in a low-velocity collision, when she was a passenger in a car that was rear ended while stopped at an intersection. The woman experienced headaches and dizziness immediately after the accident, and then neck and back pain in the days following. She returned ...

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Orthopaedic Injuries – Causes and Types

Posted on May 4, 2016 (June 16, 2023) by Kotak Law

In September 1996, Andrea McIntyre, then a first year student at McMaster University, was struck and injured by a car driven by an impaired driver. The young woman suffered numerous physical injuries, including several orthopaedic injuries, as a result of the accident. More than six years after the incident, Ms. McIntyre was still suffering from ...

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Whiplash Injury Symptoms

Posted on April 11, 2016 (July 5, 2024) by Kotak Law

Whiplash is a common injury that generally results from a sudden and forceful rear impact, most often the result of a rear-end collision. When a vehicle is hit from behind, the vehicle occupant’s neck and head are rapidly hyperextended backwards while their body is pushed forwards. The whip-like motion associated with an abrupt acceleration and ...

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Driver liability in a rear end collision

Posted on March 18, 2016 (July 5, 2024) by Kotak Law

Rear-end collisions are somewhat unique in terms of fault determination. Ontario courts assign 100 per cent fault to the rear driver in almost all negligence lawsuits. This means that if you were seriously injured in a rear end collision, you likely have an excellent case for a finding of negligence on behalf of the other ...

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Drivers are Liable for Car Accidents caused by Distraction

Posted on February 24, 2016 (June 16, 2023) by Kotak Law

In the fall of 2015, a woman was hit by a car and sustained severe injuries while she was riding her motorcycle near Peterborough. The injured woman and mother of three, Linda Brown, alleges that the driver who struck her was distracted at the time. Ms. Brown is actively trying to raise awareness of the ...

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What is an ‘Accident’? Part 2 of 2: Use or Operation

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

What is an ‘Accident’? Part 2 of 2: Use or Operation The Statutory Accident Benefits Schedule (‘SABS’) defines the word “accident” to mean an incident in which the use or operation of an automobile directly causes an impairment or damage.1 This blog post will discuss in plain language what is meant by ‘use or operation’ ...

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The Mario Muzzo crash is unfortunately one of several recent drunk driving accidents resulting in a wrongful death and devastating Ontario families

Posted on February 8, 2016 (July 5, 2024) by Kotak Law

In a recent, much publicized trial in Feb 2016, Mario Muzzo pleaded guilty to multiple impaired driving charges, including four counts of impaired driving causing death. The charges were in connection with a tragic car accident caused by Muzzo in September 2015, which resulted in the death of a 65 year old grandfather and three ...

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Accident Part 1: Automobile

Posted on January 20, 2016 (June 16, 2023) by Kotak Law

What is an ‘Accident’? Part 1 of 2: Automobile The Statutory Accident Benefits Schedule (‘SABS’) requires accident benefits be paid to persons injured in an accident. 1 The SABS defines the word “accident” to mean an incident in which the use or operation of an automobile directly causes an impairment or damage.2 As you might ...

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Insurance Benefit Exclusions: Who’s not Covered?

Posted on September 9, 2015 (June 16, 2023) by Kotak Law

The Statutory Accident Benefits Schedule (‘SABS’) limits the entitlement of some ‘insured persons’ to accident benefits by creating a number of exclusions.1 Exclusions disentitle insured persons from certain benefits. These benefits are: a) income replacement benefit, b) non-earner benefit, c) education benefit, d) visitor benefit, and e) housekeeping benefit. A driver is disentitled to these ...

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