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Car Accident Injury Claims

Car Accident Injury Claims

Overview: There are two parts to the motor vehicle accident claim system. (1) The first is called accident benefits, which are provided immediately and regardless of fault. The int ...

Slip and fall Injury Lawsuits

Slip and fall Injury Lawsuits

Winter weather slip and falls: Slip and fall accidents frequently occur on ice in Ontario Canada. The Eastern region (Oshawa, Whitby, Bowmanville, Ajax) are often hit harder by win ...

Long Term Disability Denial

Long Term Disability Denial

Below, please find a brief discussion about some of the topics that people often call me about when considering whether to sue for a long-term disability benefits denial. Below, I ...

CBC Radio show with guest lawyer Steven Polak (Underage drinking permitted by parents) June  20, 2018

CBC Radio show with guest lawyer Steven Polak (Underage drinking permitted by parents) June 20, 2018

A CBC Radio Show (Ontario Today) exploring issues surrounding parents who permit underage drinking in their homes and at parties. Click here for link: CBC Radio (Ontario Today) sho ...

Long Term Disability Denial?  A Lawyer’s perspective

Long Term Disability Denial? A Lawyer’s perspective

By their very nature, corporations are soul-less, heart-less entities (they exist only as legally created entities). Decisions often appear to be dictated by targets, time-lines an ...

Discussing plaintiff car accident injury law defeats and what it can teach us

Discussing plaintiff car accident injury law defeats and what it can teach us

This article discusses a recent Court decision and the dangers that injured plaintiffs must consider and be aware of when seeking compensation for their injuries and damages. Too o ...

Brain Injury Decision-Glasgow Outcome Scale (car accident/catastrophic injury/benefits)

Brain Injury Decision-Glasgow Outcome Scale (car accident/catastrophic injury/benefits)

On January 12, 2018 the License Appeal Tribunal released its decision in A.K. and State Farm Insurance Company. The decision can be found here: CLICK HERE FOR DECISION In that case ...

Long Term Disability Denial

Below, please find a brief discussion about some of the topics that people often call me about when considering whether to sue for a long-term disability benefits denial. Below, I have dealt with the following issues: 1.Appeal or sue? 2.Total disability/Any Occupation denials 3.Paid insurance company assessors 4.Limitation dates 1. Long Term disability Denial - should you appeal or should you sue? If you ar ...

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CBC Radio show with guest lawyer Steven Polak (Underage drinking permitted by parents) June 20, 2018

A CBC Radio Show (Ontario Today) exploring issues surrounding parents who permit underage drinking in their homes and at parties. Click here for link: CBC Radio (Ontario Today) show on parents permitting underage drinking Ontario Today with Rita Celli Wonder what your neighbour thinks about the hot issues of the day? Smart, tough and friendly, journalist Rita Celli dares to ask. Open line radio that is down ...

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Long Term Disability Denial? A Lawyer’s perspective

By their very nature, corporations are soul-less, heart-less entities (they exist only as legally created entities). Decisions often appear to be dictated by targets, time-lines and balance sheets. When people are cut off of their benefits by their long-term disability insurers (such as Manulife, Great West Life, London Life, etc.) they often complain about feeling like a number rather than a name, about le ...

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Discussing plaintiff car accident injury law defeats and what it can teach us

This article discusses a recent Court decision and the dangers that injured plaintiffs must consider and be aware of when seeking compensation for their injuries and damages. Too often in lawyer advertising in Pickering, Whitby and Oshawa Ontario you see taglines like "maximum compensation" and other similar expressions of strength and an uncomplicated rosy future. Too often people call me and say that anot ...

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Brain Injury Decision-Glasgow Outcome Scale (car accident/catastrophic injury/benefits)

On January 12, 2018 the License Appeal Tribunal released its decision in A.K. and State Farm Insurance Company. The decision can be found here: CLICK HERE FOR DECISION In that case, AK, a minor, was injured in a motor vehicle accident on October 2, 2014 when he was struck as a pedestrian. He applied for accident benefits (no fault benefits) through State Farm, a car insurance company. A series of disputes a ...

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ODSP and OW exemptions: Major Changes to interplay with car accident and personal injury awards

Recently released legislation appears to have made major changes to the law regarding ODSP and OW exemption limits for car accident and personal injury cases.  These changes appear to have been made very quietly without any significant announcements. ODSP appears to have completely eliminated the exemption cap on pain and suffering awards in injury cases (the cap had been $100,000).  See the excerpt below a ...

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Woman who spills hot coffee on herself at McDonalds drive-through entitled to accident benefits

On July 24, 2017, Ontario’s Court of Appeal decided the case of Dittman v. Aviva.  The issue was whether a woman who was burned while buying hot coffee from a drive-through at McDonald’s, was entitled to accident benefits.  The question was whether her injury was as a result of the use or operation of her vehicle.  The link to the decision is here: http://www.ontariocourts.ca/decisions/2017/2017ONCA0617.htm ...

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Insurance Assessors – Serious Concerns Raised

When you are injured in a car accident, there are usually two parts to your claim - (1) an accident benefits claim; and (2) a claim against the other driver (which is secretly defended by the other driver's insurer).  Both of those companies have the right to not listen to treating doctors and to, instead, hand-pick medical doctors, pay them and send you to see those doctors for opinions.  Many insurer's ha ...

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Feel less protected when driving recently?? You should, and you should explore steps to protect yourself…

There are some very bad apples out there that cause car accidents - people who just do not seem to care and make no apologies for their negligence, despite causing horrible injuries.  But there are also a ton of "good apples" who have a momentary lapse of concentration - ie: a moment of inattention due to a screaming child, or a tired eye.  All of those people need to be aware that the government's recent l ...

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Car Accident Injury Benefits are changing again

While I have been knee-deep in the industry as a personal injury lawyer who frequently deals with car accident injury lawsuits for many years, it seems that the changes that are being made to car accident victims' benefits are almost at a rapid fire pace over the last few years. A new round of benefit changes, effective June 1, 2016 will make further changes to the Standard Auto Insurance policy and the ben ...

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