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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 McDonald’s, was entitled to accident benefits.  The question was whether her injury was as a result of the use or operation of her vehicle.  The link to the decision is here: http://www.ontariocourts.ca/decisions/2017/2017ONCA0617.htm ...

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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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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 being made to car accident victims' benefits are almost at a rapid fire pace over the last few years. A new round of benefit changes, effective June 1, 2016 will make further changes to the Standard Auto Insurance policy and the ben ...

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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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Study finds persisting lapses in attention for mild brain injuries in kids

A new study has provided further research and analysis into the effects of mild brain injuries on children's attention.  This is further important information for personal injury lawyers and their clients who have suffered unfortunate brain injuries in car accidents or by other means. WebMD notes that: "Parents, teachers and doctors [ed., and lawyers] should be aware that attention impairment after traumati ...

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The New Ontario Driving Laws Have Hit The Streets

And they have hit them hard. The new set of rules is definitely an improvement for road safety, but one thing that’s for sure is that the new rules will cost many drivers dearly. The way these new laws are going to reflect on our lives is twofold. First, on the very basic level, drivers caught not following them will be fined. Second, those new rules will pit the balance in insurance claims and car accident ...

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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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Steer Clear of this Nasty Weed in Durham Region

If you think of parsnip as a boring root vegetable from the produce section, think again.  This pesky plant is taking on a whole new meaning in Durham region. Until this summer, most people had never heard of wild parsnip or had any idea of the discomfort it could cause.  In fact, the plant isn’t even native to Canada.  The parsnip plant originated in Europe and Asia, but a wild variety is popping up in our ...

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Keeping Our Youth Safe with the Help of Their Smart Phones

When a teen is facing a mental health crisis, they often have no idea where to turn.  Although parents, teachers and friends may be within earshot, it’s a tough conversation to begin.  They aren’t sure what to say.  They are afraid they may be misunderstood, and perhaps worried that their peers will make fun of them. Fortunately, mental health issues are beginning to lose their stigma as more and more peopl ...

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Keeping Your Cool When the Temperature Rises

Although we only get to enjoy the summer heat for a few months a year, it certainly packs a punch while it’s here.  Summer is in full swing, and hopefully you are out on the golf course or ducking away for a few weeks at the cottage.  This is also the time of year when we can use a few reminders to stay safe in the heat. Drink plenty of water.  We all know the value of staying hydrated, but it’s extra impor ...

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