General Information Archives - Page 3 of 4

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

Posted on February 2, 2017 (June 16, 2023) by Kotak Law

If you are injured due to an unsafe condition on a property or due to a product that is unsafe in terms of its design, construction or installation, you may be eligible for compensation for your injury and losses. Owners and occupiers of a property are responsible for keeping anyone coming onto their property reasonably […]

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Municipality found liable in Recreational Accident

Posted on October 31, 2016 (June 16, 2023) by Kotak Law

Under Ontario’s Occupiers’ Liability Act, subsection 3(1), the occupier of a premises (including the owner, tenants or parties responsible for the activities carried out on a premises) “owes a duty to take such care as is reasonable in all the circumstances to see that persons entering on the premises are reasonably safe while on the […]

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How does Contributory Negligence affect my Claim?

Posted on September 26, 2016 (June 16, 2023) by Kotak Law

In some accidents, such as motor vehicle collisions and slip and fall accidents, an injured person may have contributed to their injury, either in a minor way or more significantly. The courts may find a plaintiff to have been contributory negligent in their injury if their actions were not those of a reasonable and cautious […]

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

Posted on July 18, 2016 (June 16, 2023) 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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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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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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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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