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Statutory Deductibles can affect a Claimant's Awarded Damages
Apr 30, 2016

Amendments and revisions to Ontario's Insurance Act can have a significant effect on an accident victim's award of damages, as occurred in a 2016 trial, Corbett v Odorico... Read more

Rastin & Assoc sponsor 'Girls Night Out' to support Child and Youth Mental Health
Apr 24, 2016

Rastin & Assoc are sponsoring 'Girls Night Out' through the Midland Rotary Club, in support of Child and Youth Mental Health... Read more

Pub Owner found Liable for Injury resulting from an Unsafe Conditon
Apr 20, 2016

The Ontario Occupier's Liability Act dictates that the occupier of a property/premises owes a duty of care to anyone who comes onto their property. A failure to do so can lead to horrible consequences for an individual and/or individuals and a claim of negligence against the occupier... Read more

BICO response to Rastin & Assoc Blog on How ATE Insurance can affect Trial Costs
Apr 18, 2016

BridgePoint Financial Group comments on a recent blog post concerning whether ATE premiums should be an assess-able disbursement... Read more

DAS response to Rastin & Associates Blog on How ATE Insurance can affect Trial Costs
Apr 08, 2016

DAS Indemnity comments on a recent blog post concerning whether ATE premiums should be an assess-able disbursement... Read more

Bus Drivers are held to a High Standard of Care
Apr 04, 2016

Professional drivers are held to certain standard of care owed to other motorists.. A failure to exercise this standard of care, whether or not the professional driver was responsible for causing an accident, can result in liability against another driver, even one who was reckless... Read more

Chronic Pain Injury meets Threshold for Non-pecuniary Damages
Mar 28, 2016

After a jury ruled in favour of the plaintiff suffering from chronic pain syndrome in Dimopoulos v. Mustafa, the judge also ruled that the plaintiff's injuries met the threshold for serious and permanent injury and thus qualified to receive non-pecuniary damages... Read more

How After-The-Event (ATE) Insurance can affect trial costs
Mar 23, 2016

After-the-event insurance may be purchased as protection against having to pay the defendant’s costs if one loses a civil suit. Learn how it can still have an effect on the allocation of costs post-trial... Read more

Filing an OPA and OPCF 44R claim for Unidentified Driver Coverage
Mar 18, 2016

The Ontario Automobile Policy (OPA) and The Family Protection Coverage Endorsement OPCF 44R (OPCF 44R) exist to compensate car accident victims even if the at-fault/negligent driver is unknown. Here we discuss the requirements and factors involved in making a claim for unidentified driver coverage... Read more

The Impartiality of Expert Witnesses is brought into question by Steve Rastin
Mar 14, 2016

Steve Rastin criticized expert witness bias in a recent Law Times article. Along with the OTLA, Mr. Rastin calls on the Ontario government to investigate concerns that experts are bowing to pressure from insurance companies and presenting biased testimony that prevents seriously injured accident victims from obtaining owed benefits. .. Read more

Rules against Double Recovery Prevent Compensation for the Same Expense in an Accident Benefits Claim and Tort Action
Feb 29, 2016

Ontario residents injured in a motor vehicle accident are entitled to statutory accident benefits regardless of fault, as well as tort damages against the negligent person. However, the amount of damages awarded in a civil lawsuit may be reduced if the accident victim was already awarded a statutory accident benefit for the same expense... Read more

Understanding when a Summary Judgement is used to decide a Personal Injury Claim
Feb 22, 2016

Sometimes the alleged negligent party or insurer in a personal injury case may deny liability and may seek a summary judgement to have the claim dismissed. Read what this could mean for your personal injury claim and how the process works... Read more

Claims are sometimes allowed past the deadline defined in the Limitations Act
Feb 11, 2016

Personal injury claims are statute-barred, which means an accident victim is required to file a claim within the specified period defined by the Limitations Act. However, sometimes circumstances, such as accurate assessment of an injury, make it difficult to adhere to this limitation period and your claim may still be allowed to proceed... Read more

How a Failure to Report your Accident and Injury may result in Forfeiture of your Claim
Jan 26, 2016

There are specific guidelines and legal regulations associated with making a claim for accident benefits or for damages resulting from personal injury. A failure to adhere to these legal requirements can result in the loss of compensation. Understand how this can affect your civil claim in the aftermath of a car accident... Read more

Civil suit against Municipality allowed to go forward past the 10 Day Notice Deadline
Jan 18, 2016

An injured person must provide notice within 10 days to a Municipality when making a claim for damages. Claims that fail to meet this deadline may be allowed if there was a reasonable excuse for delay of notice and also, if the City?s defense was not prejudiced by the delay.. Read more

Judge rules that Wrongdoer Defendant rather than Victim should be Entitled to Benefits of Insurance that she paid for.
Jan 04, 2016

Calculating monetary damages can be a complicated process in personal injury claims. Some factors make it more difficult, such as when a claimant receiving benefits prior to their personal injury suit against the negligent party... Read more

Municipalities are sometimes Liable in Accidents causing Personal Injury
Dec 28, 2015

The negligent driver is often held liable for injuries resulting in a car accident, but sometimes the location of an accident can also extend liability to other parties, such as the Municipality... Read more

Car Accident Victims may still be able to Claim Damages even if They're Convicted of Highway Traffic Offences
Dec 28, 2015

Determination of liability in a car accident can be a complicated process. Sometimes both drivers are at fault or may have broken a traffic law in the ensuing collision. An accident victim needs to understand what rights and options are available to them even if they violated a traffic regulation in an ensuing car accident... Read more

The Challenge of Quantifying the Loss of a Loved One in a Personal Injury Claim
Dec 23, 2015

How do you put a dollar amount on the loss of a loved one? This is a difficult issue that must be resolved in negligence suits and wrongful death claims... Read more

Changes to Laws can Affect your Personal Injury Claim
Dec 15, 2015

Laws are frequently changed or amended. These changes can have a significant effect on an individual?s claim and their ability to receive owed benefits... Read more