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Sharma Law Blog
Income Replacement Benefit, Limitation Periods & Insurance Examinations
Section 56, subsection 280(2) of the Statutory Accident Benefits Schedule (SABS) sets out limitations on how long an applicant has to appeal an insurer’s refusal to pay a claim. That limitation expires two years after the insurer refuses payment. Of course, limitation...
Surveillance and Tort Claims
The general Canadian public is surveilled almost every minute they’re outside of their homes and in public spaces. We’re surveilled at banks and malls, on streets and public parks, and even as we browse the world wide web. While there is very little restriction on...
Surveillance and Accident Benefits
Did you know that it’s completely within an insurance companies rights to have you followed, photographed, and videotaped? In many cases where an injured party makes a claim under the Statutory Accident Benefits Schedule (SABS), this right will be exercised. The...
Accident Benefits-The New Definition and Test of Quadri- and Paraplegia
There are more than 4,500 new spinal cord injury cases in Canada every year. More than 30% of those cases are caused by traumatic events such as motor vehicle accidents. When a spinal cord injury from a motor vehicle accident occurs, those individuals may apply for...
Pierringer Agreements
By some estimates, the cost of a three-day trial in civil court can amount to more than $60,000. With costs in that range, it may be in your or opposing parties best interest to settle a civil suit before going to trial. But can you do that when you’re involved in a...
The Tomec Decision
Did you know that if you’re injured in a motor vehicle accident in Ontario, you’re entitled to Statutory Accident Benefits (SABS) regardless of who was at fault? For non-catastrophic injuries, there’s a limit on how long you can receive those benefits. The amount and...
Pain and Suffering – Tort Threshold Test
In the US, tort litigation costs Americans more than $250 billion. The tort litigation climate in Ontario is markedly different. In personal injury cases resulting from motor vehicle accidents, for example, Ontario courts have installed what’s known as a threshold....
COVID and Business Interruption
In a study of nearly 11,000 Canadian small businesses, 22% answered that their revenue had dropped to 0$ during the COVID-19 pandemic. Businesses across Canada are struggling to keep afloat amid mandatory closures and reductions in operations. If you’re the owner of...
How Zoom Gives Us Access To Justice During COVID-19
As of late April, Canada has over 40,000 confirmed cases of COVID-19. The global pandemic has changed the way we interact with our family, friends, and neighbours. It’s changed the way we shop, the way we do business, and the way we access justice. At Sharma Law,...
Slip and Falls on Municipal & Private Property
Slips and falls lead to almost 1,800 visits to the emergency room every day. That makes unintentional falls the most common form of injury in Canada. The resulting injuries range from mild to severe but, on average, they keep people in hospital for 14 days following...