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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 ...

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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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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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. In the first incident, we have a mother take a child to the zoo and when a rambunctious young child crawled under a gate and into a gorilla area.  The gorilla had to be shot to save the child.  There was an outcry among some membe ...

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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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Not wearing your seatbelt can hurt your car accident injury lawsuit too

For one reason or another people sometimes don't wear their seat-belts when they are in a car.  The failure to wear a seat-belt can sometimes affect your claim for car accident injury damages in a lawsuit.  However, sometimes there are legitimate and understandable reasons for not wearing one. Sometimes the evidence in a lawsuit shows that a seat-belt wouldn't have made any difference at all - I had a trial ...

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The Car Insurance company wants a statement from you after an accident – what should you say?

If you have been involved in an accident, your own car insurance company (or the other vehicle’s insurer) may ask to meet with you to obtain a statement.  In most cases, there is nothing wrong with the insurer asking to meet with you.  However, you usually are not required to agree. Many people simply agree to the statement because they do not know that they are entitled to say no, or that they are entitled ...

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Henry v. Gore Mutual Insurance, Ontario’s Court Of Appeal Unanimous Decision

“This past week, Ontario’s Court of Appeal released its unanimous decision in Henry v. Gore Mutual Insurance.  The decision dealt with an insurer’s requirement to pay attendant care benefits under the accident benefits system (no fault benefit system for car accident victims).   The Henry v. Gore Mutual Insurance decision is important because, as of September 2010, an insurer is not required to pay att ...

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Driving In A Vehicle Without Consent

Accidents caused by drivers who are Driving in a vehicle without consent are especially difficult to deal with.  They pose legal challenges and can have restrictions on the types of benefits available to be applied for. In one such recent example, the Globe and Mail reported that, on June 9, 2013, a group of teens allegedly stole a truck and took it on a joyride in Oshawa Ontario.  One of the teens (a 13 ye ...

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Judge Awards 3 Million in punitive damages against Disability Insurers in disability denial lawsuit

On April 8, 2013, The Globe and Mail reported on a ground-breaking recent decision in Saskatchewan where a judge awarded 3 million dollars in punitive damages against two insurance companies for failing to pay disability benefits to a 52 year old welder (Mr. Branco). In that case, it was reported that the insurance companies denied the plaintiff long term disability benefits and made inappropriate demands i ...

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Fatal Accident In Whitby | Accident Lawsuits Ontario

Fatal Accident In Whitby and a discussion about the law on wrongful death car accident lawsuits in Ontario In August 2012, a story was published in the Toronto Star about a car accident that occurred at the intersection of Centre Street South and Dunlop Street in Whitby Ontario.  Unfortunately, an 89 year old pedestrian was reported to have been hit at the intersection by a minivan.  The pedestrian was 89 y ...

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