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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 ...

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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Canadian Lawyer Magazine rankings for 2017: top ten Ontario regional Firms

On September 5, 2017 Canadian Lawyer Magazine released their annual lawyer ranking of the top ten regional Ontario Law firms see: http://www.canadianlawyermag.com/author/mallory-hendry/evolving-with-the-times-top-10-ontario-regional-firms-13605/ Canadian Lawyer Magazine provided the following commentary with respect to Lerners LLP, which was ranked as the #6 best Ontario law firm: 6) Lerners LLP lerners.ca ...

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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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When things go wrong with your long term disability insurance company…

It all seems proper and appropriate when you receive your initial claim forms and speak with the (often pleasant) representative at the insurance company about obtaining benefits from the disability insurance policy that you have paid into for all those years.  At that point you are thinking, "Lawyer, why do I need a lawyer?" But then you end up with a long protracted absence and it becomes apparent that yo ...

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My Disability Insurer’s Doctor says I can work and cut off my long term disability benefits

Long term disability insurance companies such as Manulife, Sunlife, Great West Life, Desjardins and others will often consult with physicians when determining whether or not an insured should be paid short or long term disability benefits. People are often surprised by the process, the results and the comments made by those physicians.  The first thing that often surprises people is the use of medical consu ...

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My insurer says that I can do “any occupation” and denied my disability benefits

I often receive calls from people who have been denied long term disability benefits (LTD benefits) or income replacement benefits (accident benefits) on the basis that their insurer says that they do not meet the "any occupation" test. The "Any Occupation" test for disability benefits typically becomes the governing test after two years of disability.  When you first read it, it is a scary thing - "Any occ ...

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Appealing long term disability benefits insurance denials vs suing

If you are reading this, you have probably been denied long term disability benefits by your LTD insurance carrier.  Whether the denial was made by one of the well known disability companies like Manulife, Great West Life, Desjardins, or others, there is normally an opportunity to "appeal" or dispute the initial denial. However, despite the ability to appeal, for the purposes of the limitation period to sue ...

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personal injury lawyers percentage fee for slip and fall and car accident injury claims

Potential clients often ask me what the "usual" percentage legal fee is for personal injury cases and lawsuits involving slip and falls or car accidents.  There is no "set" legal fee or "usual" legal fee - it's all subject to agreement. My own personal practice is to charge a percentage fee based on four factors: (1) the time expended on your case, (2) the complexity of the matters in issue, (3) the degree ...

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New changes to accident benefits for car accident victims

On December 17, 2013, the government announced new changes to the auto insurance benefits regime.  They appear to have made these changes without any consultation with the public.  It is unclear whether there was consultation with insurance companies and their lobby groups. The government set up new and significant barriers to the already vastly reduced accident benefits (AB) system.  People may recall that ...

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Ontario Car Accident? Who is at fault?

Fault for a car accident can mean different things, including any of the following: (1)  who the police officer gave a ticket to under the Highway Traffic Act, or (2)  who is at fault in a civil lawsuit for personal injury, or (3)  who the Insurance Companies deem to be at fault in terms of insurance record and vehicle damage/deductible. This article will discuss the third category.  I have addressed the ot ...

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