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

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 ...

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

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 McDo ...

Disability Insurance Denial – Fees and Strategy

Disability Insurance Denial – Fees and Strategy

It comes as a shock to most people: you are unable to work, you have been paying the disability insurance company regularly and on time (otherwise they would have cut off your cove ...

Insurance Assessors – Serious Concerns Raised

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 defe ...

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

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 injurie ...

Are alligators safer than gorillas at law? Or just how powerful is the Disney brand?

Are alligators safer than gorillas at law? Or just how powerful is the Disney brand?

During the past few weeks we have seen a very powerful demonstration of the strength of the Disney brand and the importance of image when we compare two separate tragic incidents. ...

Car Accident Injury Benefits are changing again

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 be ...

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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New Forms for car accident victims

The government in Ontario has made changes that will move the dispute resolution process over accident benefits to a new administrative body. Further changes have now been announced, which includes changes to the forms that car accident victims and their personal injury lawyers must file in order to dispute denials by the insurance companies. These new car accident insurance forms are to be used after June ...

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Our Car Accident Injury System is unethical

A drunk driver is texting and goes through a red light and smashes into someone causing injury that is proven to be "serious and permanent". In this example, in most circumstances (unless the case is very large), the government has decided that the completely innocent person must lose the first $36,000 of their pain and suffering claim and the first 30% of their income loss claim to trial (but that is kept ...

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New Study looks at effects of physical/mental injury/disability on labour market participation

A new study on Statistics Canada's website examines labour market participation rates among individuals who have a physical/mental injury that results in some disability.    The study can be found here: http://www.statcan.gc.ca/pub/75-006-x/2014001/article/14115-eng.htm It found that the employment rate of people aged 25 to 64 with a mild disability was 68%, compared with 54% for those iwth a moderate disab ...

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Deductible on pain and suffering (car accident injury) – RECENT NEWS

In Ontario, a "pain and suffering" award is only available to people who suffer a 'permanent and serious physical or psychological impairment or permanent and serious scarring'.  For many of those people that have, through no fault of their own, suffered serious and permanent injury, the insurance company who insures the at-fault driver then gets to apply a "deductible" in many of those cases. For those of ...

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Study finds persisting lapses in attention for mild brain injuries in kids

A new study has provided further research and analysis into the effects of mild brain injuries on children's attention.  This is further important information for personal injury lawyers and their clients who have suffered unfortunate brain injuries in car accidents or by other means. WebMD notes that: "Parents, teachers and doctors [ed., and lawyers] should be aware that attention impairment after traumati ...

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