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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 ...

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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How do legal fees work in personal injury cases in Whitby Oshawa Ajax?

In most personal injury cases, clients choose to pay for their legal services by way of a "percentage fee" at the end of the case.  The main reason that clients typically choose to do this is because it is simply too expensive for them to pay their personal injury lawyer fees on an ongoing basis throughout the case.  Paying a percentage fee allows them to pursue their case without worrying about how much ti ...

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Do I need a Lawyer for my car accident injury claim?

Do I need a Lawyer for my car accident injury claim?  After someone is injured in a car accident in Ontario, Canada, they often think about whether or not they need a lawyer.  Some insurance companies may tell you that you don’t need a lawyer and that you can deal with them directly and, in some cases, that may be true.  However, you should consider that question carefully, and early, as you will want to en ...

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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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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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Arbitrator confirms that the car accident Minor Injury Guideline is for injury victims with Minor Injuries

In the March 27, 2013 decision of Scarlett v. Belair Insurance, Arbitrator John Wilson essentially confirmed the common sense inference that the minor injury guideline (“MIG”) is meant for people who have sustained minor injuries. This may not sound like much of a land-mark decision or much reason to write anything at all. The reason that it is, is because insurers have been trying to force many square pegs ...

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Loss Of Income After Age 65 For Accident Victims

One of the largest battle-grounds in a lawsuit for personal injury after an accident is the area of “income loss”.  Establishing what a accident victims would have made if not for the accident related injuries.  For years now, there has been a general acceptance in the personal injury domain that people retire at age 65 and don’t earn additional income.  It is becoming increasingly clear that this idea has ...

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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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Who pays after a car accident injury?

 Who pays for my lost income after a car accident injury? After you are injured, you will start hearing phrases and terms being described with acronyms  that make little sense to you (AB IE, SABS, LTD/STD, Tort, CPP, etc.).  You will also hear many of them appearing to “pass the buck”, saying that you have to contact someone else first or give them some other information before anyone can pay you.   Th ...

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Settlement Reached in Deering Accident Case

In 2004, sisters Shannon and Erica Deering were in a car accident while traveling along Coates Road to Whitby. While driving their vehicle, Shannon believed she saw an oncoming vehicle approaching in their lane, and swerved off the road landing into a rocky culvert after rolling. Both sisters experienced severe injuries to their spinal cords, and the other passengers in the car sustained injuries. Four of t ...

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