Denial of Catastrophic Injury Status does not trigger Limitation Period against a Plaintiff
Jun 02, 2016
Before an individual can claim statutory accident benefits for catastrophic impairment, their insurer must first agree to a designation of catastrophic impairment. In Machaj v. RBC, the Court ruled that the insurer's denial of catastrophic injury status is not equivalent to denying catastrophic benefits, and therefore does not trigger a limitation period...
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Daggitt: Judge Refuses to Order Plaintiff to submit to Examination by Dr. Bail citing Concerns about Bias and Lack of Impartiality
May 20, 2016
The Court can order a further medical independent examination of a plaintiff if there is evidence of unfairness and necessity to justify doing so. In Daggitt v. Campbell, the Court rejected the defendant's motion requesting another medical examination of the plaintiff, due to a lack of necessity and appropriateness...
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Can Attendant Care Benefits provided to a Family Member be considered Income?
May 11, 2016
Is caring for an injured family member a form of employment? In resolving a 2016 insurance dispute, the arbitrator needed to decide whether attendant care payments received by a mother to care for her catastrophically injured son is a form of income...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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. ..
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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...
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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...
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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...
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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...
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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..
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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...
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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...
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