News & Publications

Personal Injury & Motor Vehicle Claims

The Supreme Court confirms: Mental and physical injury are to be treated identically

Written by on June 09, 2017.

- “[t]he loss of our mental health is a more fundamental violation of our sense of self than the loss of a finger” The unanimous decision of the Supreme Court of Canada, released June 2, 2017, confirmed that the law of negligence requires identical treatment of both mental and physical injury claims. There is no obligation for claimants to prove that their mental injury is sufficient to meet the threshold of psychiatric illness. This would be unfair as there is no corresponding requirement ...

How Does a Personal Injury Claim Work?

Written by and on May 18, 2017.

There are many steps involved in a personal injury claim. This is a basic outline of the way a claim might unfold. Initial Meeting At this stage, we meet with you to discuss your accident, your injuries, and their impact on your life.  At this point or shortly thereafter, we will give our opinion on your case.  If everyone agrees to proceed, a retainer agreement is signed and we become your lawyers. Investigation We review the facts surrounding the accident and your injurie...

How Long Do I Have to Make a Personal Injury Claim?

Written by and on May 02, 2017.

If you have been injured in an accident and wish to pursue a personal injury claim, you should be aware of the following time limits.  Failure to take the necessary steps within these time limits could extinguish your legal rights.  It is always recommended that you speak with a personal injury lawyer to obtain legal advice pertaining to your specific situation.  It is generally not advisable to wait until the eve of a limitation period to take action. The Limitations Act, 2002 In Ontar...

Injured while on ODSP: Your Legal Rights

Written by on April 18, 2017.

(NOTE: This blog was originally posted on the Ontario Trial Lawyers Association Blog) To be involved in an accident can be overwhelming as it is, but if you are already receiving support from the Ontario Disability Support Program (ODSP), you may feel especially uncertain about your legal rights. For example, you may be wondering how you can afford a lawyer, whether you will owe ODSP a portion of any funds received, and whether you are entitled to continue receiving ODSP at the conclusion ...

What is Alternative Dispute Resolution?

Written by on March 07, 2017.

In the context of a personal injury claim, alternative dispute resolution (also referred to as “ADR”), is a means for the parties to discuss a settlement of the claim without the need for a trial.  The term ADR can refer to mediation, arbitration or even formal settlement discussions.  ADR is becoming an increasingly popular approach to resolving personal injury cases in Ontario. In most cases, the parties’ participation in ADR is voluntary.  A common form of ADR is mediation.  Medi...

Looking Both Ways: Contributory Negligence of Children in Personal Injury Cases

Written by and on February 23, 2017.

Unlike adults, children often do not have the maturity to know what to do when walking across or near roadways. Without adult supervision or an understanding of road safety, children may risk becoming involved in an accident and be found to share some responsibility. The Ontario Court of Appeal has recently released a decision, highlighting the discretion of judges with respect to the issue of contributory negligence of children.[1] Contributory negligence is generally a defence to a negligen...

Elder Abuse in Senior or Long Term Care Homes

Written by and on February 06, 2017.

Elder abuse is a serious and growing problem in Ontario. Every year between 2 and 10 per cent of older adults in North America will experience some type of abuse.[1] Unfortunately, elder abuse often occurs where there is a personal relationship between abuser and the victim and in places where seniors should feel safe, such as long term care homes. What is Elder Abuse? The Long Term Care Homes Act [2] in Ontario outlines a Bill of Rights[3] which sets out the following types of abuse that...

What To Consider When Hiring A Personal Injury Lawyer

Written by on February 01, 2017.

When hiring a personal injury lawyer, you should consider their experience, reputation, and location. Experience:  Lawyers work on business deals, transfer real estate, create wills, and argue in court.  Lawyers can handle a variety of legal issues, or be specialized, focusing on business disputes, family law, wills and estates, or representing injured people.  Choosing a lawyer with extensive experience in personal injury law is a critical consideration. Reputation:  Experience goes h...

The High Costs of Drinking and Driving

Written by on December 28, 2016.

As the festivities of the long weekend begin, we see many reminders to not drink and drive. The cost of drinking and driving is an incredibly high one – in both human life and financially for those who are found guilty. According to MADD Canada (Mothers Against Drunk Driving), crashes involving alcohol and/or drugs are the leading criminal cause of death in Canada. On average, approximately 4 people are killed each day in crashes involving alcohol and/or drugs. In 2012, there were 2,546 car...

Examinations Under Oath under the SABS: When Must I Attend?

Written by and on December 16, 2016.

The Ontario Superior Court of Justice recently released a decision[1] which held that accident benefits insurers must provide reasons when requesting an examination under oath, pursuant to s. 33(2) of the Statutory Accident Benefits Schedule (“SABS”). During an examination under oath, an insured person who is claiming accident benefits (“a claimant”) is questioned by an insurance company representative, in the presence of a court reporter. In this case, the insurer argued that a re...