News & Publications

Personal Injury & Motor Vehicle Claims

Video Testimonial – Slip & Fall

Written by on September 20, 2017.

An icy patch on a walkway was reported to the condo core, but the walkway was not properly maintained. As a result of this oversight, our client suffered a slip and fall and sustained injuries that required legal support. Anna Szczurko and her team worked closely with our client to provide the results he wanted. He tells his story in this video. https://www.youtube.com/watch?v=lHUKrNNCleg

Video Testimonial – Motorcycle Accident

Written by on September 12, 2017.

Following a motorcycle accident that was caused due to a provincial road in need of repair, our client knew immediately that she needed legal support. After a long and complex journey with Jim Virtue and his team, this client received the outcome that was long awaited. She tells her story in this video. https://www.youtube.com/watch?v=nUxb9LgRE0Y

Contributory Negligence

Written by and on August 14, 2017.

Some clients come to us believing that they won’t succeed in a claim for damages because they were at fault, or partially at fault for the accident which caused their injuries. What these clients often don’t know is that the law doesn’t view who is at fault as a black and white issue. Courts can, and often do, split liability between two or more parties, including the injured parties. When a plaintiff is found to have some fault in the accident that caused their own injuries, it is call...

Changes for Personal Injury Plaintiffs Receiving ODSP Benefits

Written by and on August 08, 2017.

As of August 1, 2017, the amount of money personal injury plaintiffs who are receiving Ontario Disability Support Program (“ODSP”) benefits are eligible to receive as compensation for pain and suffering, for out-of-pocket expenses and future care costs, and for Family Law Act claims is no longer capped at $100,000. ODSP is a government program which provides income support and additional benefits such as prescription drug and dental care to disabled adults. Reg. 222/98 (the “Regulati...

Medical Negligence – What can a medical negligence action accomplish?

Written by on August 04, 2017.

Many individuals who have suffered an adverse event within the health care system may consider pursuing a medical negligence action. For information and a discussion on what constitutes a medical negligence action, please refer to our previous article, which can be accessed here. Within this article, the purpose of a medical negligence action will be discussed. When contemplating commencing a medical negligence action, individuals and their families may wonder: What can be accomplished in a...

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...

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...