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

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-he ...

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. ...

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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New Law makes drastic changes to catastrophic impairment definition for car accident injury cases

The government has moved ahead with a new regulation that drastically alters the definition of catastrophic impairment and the benefits available for people who sustain catastrophic injury. The new regulation can be found here: http://www.ontario.ca/laws/regulation/r15251 This will result in significant changes for car accident injury victims and is an unfortunate addition to an already long list of recent ...

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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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February 5, 2014 Snowfall results in multiple car accidents and injuries

Snow, blowing snow and adverse weather conditions are contributing to deteriorating driving conditions.  The OPP is reportedly dealing with one car accident per minute at present and numerous injuries have been reported.  Constable Clint Stibbe of the Toronto police traffic services division tweeted around 11 a.m. that drivers should consider staying off of the roads if possible. The snowfall comes on top o ...

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How do injury claims work when you slip and fall on ice in Ontario

Slip and fall accidents frequently occur on ice in Ontario Canada.  The Eastern region (Oshawa, Whitby, Bowmanville, Ajax) are often hit harder by winter weather than Toronto proper.  The recent ice storms and winter weather have increased the number of injuries.  There is case-law and legislation that helps to determine whether someone is entitled to compensation for a slip and fall injury This is a brief ...

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Injured while a passenger in a car accident in Ontario Canada

Many people call me after being involved in a car accident where they were the passenger in a car that was being driven by their husband, wife, family member or friend.  They are usually not sure about whether they are allowed to make a claim for their injuries and damages.  The answer is that they usually are (there are only very limited exceptions to this). An immediate concern that people have is whether ...

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