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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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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 coverage), then you get a letter from them saying that they have simply denied the claim.  Sometimes a doctor that they hand-selected and hired said you weren't entitled anymore and other times you are completely in the dark about the ...

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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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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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