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Showing posts under "Car Accidents"
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Can I sue if a pothole caused my injury?
Apr 08, 2019

The beginning of spring marked the start of pothole season in Ontario. The constant switching from the minus temperatures to plus tens and fifteens has wreaked havoc on our roads... Read more


A Rastin Review of Aviva Canada v. Sidhu: The Importance of Protecting the Consumer in the World of Insurance
Dec 18, 2018

In our case of Smith v. Co-operators General Insurance Co., [2002] 2 S.C.R. 129 (S.C.C.) Steve Rastin argued before the Supreme Court of Canada that the insured person, Ms. Smith, was not given a proper refusal by her insurance company when she was... Read more


How Not Wearing a Seat Belt Can Affect Your Car Accident Claim
Sep 13, 2018

Ontario law requires everyone in a motor vehicle to wear his or her seat belt. Adults who do not wear their seat belts are subject to charges and fines under the Highway Traffic Act. If a police officer catches a child not wearing his or her... Read more


Involved in a Car Accident? Here are the 7 steps you NEED to take
Aug 15, 2018

Being involved in a serious car accident is a horrible experience for everyone involved. Even though we as drivers know that we are never 100% safe while on the road, an accident still comes as a huge shock. To help you..... Read more


Think your claim doesn’t stand a chance against a big Insurance Company? This win for the underdogs could change your mind
Feb 09, 2018

It is not very often we have the David vs. Goliath scenario played out in the courtroom. When it does happened, it is worth much more than a passing comment. The Persampieri v. Hobbs is just that case... Read more


Appeal Court rules on Filing Deadlines in a Lawsuit involving Injured Child
Oct 23, 2017

In a car accident injury case involving a minor plaintiff, the Ontario Appeal Court determines the applicable limitation period under the Limitations Act and notice period per the Municipal Act, after the the plaintiff files a motion to add the City of Sudbury as a defendant. .. Read more


Judge rejects Insurer’s Hired-Gun Expert and agrees that Plaintiff’s Knee Injury meets Threshold for Damages
Oct 11, 2017

After a jury awarded damages to the injured plaintiff in a 2017 car accident case, the judge ruled that the plaintiff's knee injury met the onus of a permanent serious impairment and resulted because the car accident caused the plaintiff's osteoarthritis to become symptomatic... Read more


Judge agrees that Plaintiff may add a Condition that Defendant’s Medical Reports must be written solely by the Medical Examiner as Ghostwriting undermines the Credibility of Expert Reports
Aug 27, 2017

In response to a Defendant's request that the Plaintiff submit to two medical assessments before the personal injury trial, the Plaintiff demanded a written condition that the medical examiners’ reports must be solely written by these experts and not ghostwritten. When the Plaintiff refused to undergo the examinations unless the condition was agreed upon, the Defendant filed a motion to have the Court compel the Plaintiff to have the examinations... Read more


Appeals Court orders a new Trial finding that Defence Expert Witness lacked impartiality and Trial Judge failed in his Gatekeeper Role
Aug 05, 2017

An Appeals Judge ordered a new trial after concluding that a miscarriage of justice had occurred in the previous civil trial, when the trial judge allowed an expert witness for the defence to testify, whose testimony was biased and advocated for the defence... Read more


Court allows Plaintiff's Fraudulent Conveyances Claim and Personal Injury Claim to proceed simultaneously against Defendant
Jul 11, 2017

After the defendant driver in a pedestrian accident transfers ownership of his home to his wife, the injured plaintiff filed an additional claim under Fraudulent Conveyances Act. The judge ruled that the personal injury and fraudulent conveyances claims can proceed at the same time. .. Read more


Judge rules that Plaintiff’s PTSD and Depression Symptoms meet Threshold for Non-Pecuniary Damages
Jun 15, 2017

In a 2017 trial for damages arising from a car accident, the judge rejected the defendant's threshold motion to have the plaintiff's claim for non-pecuniary damages dismissed. The plaintiff suffered from PTSD and depression since the accident and her injuries met the threshold of a permanent and serious impairment of an important bodily function... Read more


Appeals Judge rules in favour of Plaintiffs in Costs Decision
May 07, 2017

In a 2016 appeal on costs arising from a car accident claim, the Court upheld the motion judge’s previous decision that the costs recoverable in the tort action may also include the costs incurred by the plaintiff in recovering SABs benefits. .. Read more


Judge opens the door to Social Host Liability in dismissing Summary Judgement Motion in Underage Drinking Case
Apr 03, 2017

The family of an underage guest who had been drinking and later sustained catastrophic injuries in a car accident commenced a negligence suit against the party hosts. The defendants subsequently sought summary judgement to dismiss the claim, arguing that a duty of care did not apply and even if it did, they met it; but the motion was dismissed... Read more


Ontario Judge says Juries exist solely to keep Damages Awards low in the Interest of Insurers
Feb 27, 2017

After a jury awards the Plaintiff less than the statutory deductible, thereby reducing his award for non-pecuniary damages to zero, the judge rules that deciding on whether or not the Plaintiff met the threshold is ultimately moot... Read more


Appeals Court rules Insurer may deduct Non-earner Benefits from LTD Payments
Feb 07, 2017

The Appeal Court ruled that the appellant’s Group Plan insurer could deduct the amount of non-earner benefit (NEB) her vehicle insurer was paying her in connection with a second accident, from the long term disability benefits (LTD) she was receiving for a previous accident... Read more


Ontario Court denies Plaintiff’s Motion to Amend her Claim past Limitation Period
Jan 12, 2017

In Arcari v. Dawson (2016), the Court of Appeal rejected the plaintiff’s argument that she could not have reasonably discovered within the two year limitation period, that two new defendants contributed to her injury. Thus, the judge upheld a previous decision dismissing the plaintiff’s motion to add two new defendants to her injury claim... Read more


Judge supports Plaintiff's Motion to strike Jury two Weeks into Trial
Jan 06, 2017

After first denying the plaintiff’s request to strike the jury prior to the start of a civil trial, the judge agrees to strike jury two weeks into the trial, citing the complexity of the case... Read more


A Car Owner may be liable when Car Thief crashes stolen Vehicle
Dec 22, 2016

Can you be liable for injuries after your car is stolen and involved in an accident, and your keys were left in the car? This was the key issue to be determined in a 2016 legal proceeding, in which an injured passenger sought leave to amend their claim to add the vehicle owner as a defendant... Read more


Judge rules that Plaintiff’s Claim for Damages for Soft-tissue Injuries not barred under Limitation Act
Dec 10, 2016

In Schaefer v Ayeneababa, the judge ruled against the defendant who sought to have a woman’s claim for damages dismissed for being past the two year limitation period... Read more


Judge allows Plaintiff to amend his Claim to add Municipalities as Defendants
Nov 14, 2016

The motions judge allowed a plaintiff to amend his claim to add municipalities as defendants, after the defendant driver alleged fault on the part of the municipalities during discovery. The defendant municipalities appealed the motions judge’s decision on the basis of being past the statutory limitations period, but the appeal was denied because limitation period did not begin until the defendant realized the condition of the road could be the cause of the collision... Read more