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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 ...

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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