New Rules Around Brain Injuries and CAT Designation
Every year, approximately 50,000 Canadians sustain brain injuries. If a brain injury is the result of a motor vehicle accident, those victims are entitled to significant compensation. But being designated as catastrophically injured by a brain injury has become more difficult in Ontario – making it more difficult to receive the compensation you deserve. If […]
Participant Expert vs Litigation Expert
The concept of evidence in everyday life is quite different from the special rules that govern evidence in a court of law. We typically think of evidence in the simple terms of facts or information that support a belief or proposition. In the courts, however, there are rules around what can or cannot be introduced […]
Trial by Jury and COVID-19
In mid-January 2021, the heads of the Ontario Superior Court of Justice and the Ontario Court of Justice issued statements urging Ontario’s courts to limit in-person proceedings due to the realities of COVID-19. Indeed, even new jury trials and jury selection were suspended. Suffice to say that COVID-19 has created an unprecedented crisis for the […]
Withheld IRB Payments and Special Damages
If you’re injured in an auto accident and you cannot work as a result, you may be eligible for an income replacement benefit (IRB) of up to 70% of your weekly income, to a maximum of $400. IRB’s are an accident benefit, which are intended to provide a minimum amount of compensation to injured motorists […]
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 periods aren’t as cut and dry as that. Two cases specifically showcase how […]
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 those types of surveillance, being surveilled while you’re in the […]
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 intention behind following you in this way is to hurt your credibility – that […]
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 Statutory Accident Benefits (SABS). Whether they’re considered catastrophically impaired […]
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 multi-party litigation? In […]
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 type of benefits you’re entitled to and the limitations change if […]
