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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 intention is to provide for people’s immediate needs like limited loss of income and treatment needs, some personal care in the home in some cases etc. the government has continually reduced these over the years. (2) To claim for thi ...

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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 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 ...

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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 have dealt with the following issues: 1.Appeal or sue? 2.Total disability/Any Occupation denials 3.Paid insurance company assessors 4.Limitation dates 1. Long Term disability Denial - should you appeal or should you sue? If you ar ...

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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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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 and balance sheets. When people are cut off of their benefits by their long-term disability insurers (such as Manulife, Great West Life, London Life, etc.) they often complain about feeling like a number rather than a name, about le ...

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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 often in lawyer advertising in Pickering, Whitby and Oshawa Ontario you see taglines like "maximum compensation" and other similar expressions of strength and an uncomplicated rosy future. Too often people call me and say that anot ...

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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, AK, a minor, was injured in a motor vehicle accident on October 2, 2014 when he was struck as a pedestrian. He applied for accident benefits (no fault benefits) through State Farm, a car insurance company. A series of disputes a ...

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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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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 to have been made very quietly without any significant announcements. ODSP appears to have completely eliminated the exemption cap on pain and suffering awards in injury cases (the cap had been $100,000).  See the excerpt below a ...

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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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