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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

Condominium Security Company added as Defendant in Slip and Fall Accident
Dec 19, 2016

A condo security company challenged a plaintiff’s motion to amend her claim to include them as a defendant, on the basis that the two-year limitation period was up; however, the judge ruled in favour of the plaintiff, noting that the limitation period is triggered only when the plaintiff learns of the defendant’s potential involvement or negligence... 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

Plaintiff awarded legal Costs for City's abandoned Summary Judgement Motion
Nov 24, 2016

After incurring a brain injury from a slip and fall on a City of Toronto sidewalk, the injured claimant was awarded legal costs after the City brought a summary judgement motion to dismiss her claim and later abandoned the motion... 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

Insurers must provide a Reason if they request an Examination Under Oath
Nov 08, 2016

Insurers have a right to request an examination under oath (EUO) if an injured person claims statutory accident benefits; however, insurers must provide the claimant with a notice that includes a specific reason for the examination. Failure to do so can result in the claimant rejecting the EUO request... Read more

Steve Rastin receives 2016 Active Transportation Award
Nov 07, 2016

Steve Rastin was honoured with the Active Transportation Award by the City of Barrie on November 7 for his support of the Helmets on Kids program. This program provides helmets and education on safe cycling for children in need... Read more

A Claimant’s Delays in providing required Information and filing a Claim to his Insurer result in denied Long-term Disability Benefits
Oct 28, 2016

When a claimant fails to provide required information to their insurer on a timely basis for a long-term disability claim, they face the risk of having their benefits denied. In Richards v. Sun Life, the court determined that the claimant should have understood that their claim was denied by their insurer. The court also decided that the plaintiff’s claim for unpaid benefits was statute-barred for being filed past the two-year limitation period... Read more

Judge Denies Defence Counsel's late Request to cross-examine Witnesses and introduce Video Evidence
Oct 18, 2016

In the trial, Vickers v. Palacious, defence counsel’s failure to introduce video surveillance and request cross-examination of witnesses in a timely manner, affected their right to use this evidence... Read more

Can a Plaintiff be Compelled to disclose whether they have Adverse Cost Insurance?
Oct 08, 2016

Adverse cost insurance of After the Event insurance protects litigants in the event that they are required to pay costs to the other party, if unsuccessful at the conclusion of a civil trial. Here we look at a legal dispute that considers whether or not a plaintiff is obligated to reveal whether or not he or she has acquired said insurance... Read more

Complications when claiming Accident Benefits for a Minor
Sep 26, 2016

When does the limitation period begin when a claim is filed on behalf of a child who was hurt in an accident? A pre-arbitration hearing for Moran v. Economical Mutual Insurance Co., considers this issue, as well as the issue of how a Disability Certificate may effect eligibility for non-earner benefits... Read more

Invoking Uninsured and Underinsured Coverage when a Vehicle is taken without Consent
Sep 16, 2016

Can you file a claim for uninsured automobile coverage if you are injured while driving in an insured vehicle that is taken without consent? This issue was at the heart of an injury claim, in Skunk v. Ketash, 2016.. Read more

Injured Driver sues after rear-ending another Vehicle
Aug 31, 2016

Can you be held liable for injuries to a driver who rear-ended your vehicle? In Chernet v Galaites, 2016, the judge dismissed an action filed by the driver who struck another car in the rear and sued for damages. .. Read more

Judge dismisses Litigation Loan Company Claim requiring Borrowers to pay Compound Interest
Aug 27, 2016

In Lexfund v Ferro et al, 2016, a case management judge decided that the litigation loan company failed to provide full disclosure of loan repayment obligations to five claimants and therefore, the claimants were not required to pay significant compound interest payments... Read more

LAT Replaces FSCO in Auto Insurance Disputes
Aug 25, 2016

In April 2016, the Ontario Licence Appeal Tribunal (LAT) officially replaced the Financial Services Commission of Ontario (FSCO) for the handling of accident benefits disputes. Here we discuss the legal implications of the change... Read more

Implied Consent in a Car Accident Injury Claim
Aug 23, 2016

When is it legally permissible to borrow someone’s vehicle without their expressed consent and who is liable if an accident occurs involving the borrowed vehicle? Here we look at a case that addresses these questions and how the issue of implied consent can affect liability. .. Read more

How Inconsistencies in a Plaintiff's Claim can result in a dismissal
Jul 25, 2016

It is very important, in any legal proceeding, to be as honest and forthcoming as possible. Failure to do so can result in the claimant not being deemed credible and a dismissal of their claim... Read more

Can a Claimant be penalized for not requesting Medical Results from their Doctor?
Jul 13, 2016

Is it reasonable for an individual to assume that if a doctor does not contact them about a test result, that all is well? The outcome of a 2016 personal injury case, McMillan v Adeite, rested on this question, as the results of the plaintiff’s MRI affected her realization that she could file a claim for serious and permanent injuries... Read more

Is it appropriate to sue your Doctor while still being Treated by them?
Jul 01, 2016

In a case where an allegedly negligent doctor is performing treatments or surgery to fix a previous problem or error, the two year limitation period under the Limitations Act may not commence from the date of the alleged medical error, but rather, from the date the patient realized it is appropriate to file a suit against their doctor... Read more

How Rule 49 and Proportionality can affect a Claimant's Award of Costs
Jun 21, 2016

A personal injury trial does not conclude with the jury's verdict and award for damages. There is the issue of costs accumulated during the course of the trial by both the plaintiff and the defendant. Here we look at how Rule 49, Rule 57 and the issue of proportionality can affect the claimant's total amount of costs... Read more