News & Publications

Motor Vehicle Accidents

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...

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...

Injured by an Unidentified Driver? A Case Summary of Shapiro v. Doe

Written by and on October 13, 2016.

Shapiro v. Doe[1] reiterates what a plaintiff must prove when they are injured by an unidentified motorist. The plaintiff in this case stated that he was struck by an unidentified vehicle while crossing the street. He claimed insurance benefits from his father’s insurer, Economical Mutual Insurance Company (“Economical”) or from the Motor Vehicle Accident Claims Fund (“the Fund”) and the Superintendent of Financial Services (“the Superintendent”). The plaintiff stated that fo...

What To Do If You Are Injured In An Accident In The United States

Written by on October 07, 2016.

Each year, many Ontarians are involved in car accidents while travelling outside of the province. These claims often involve complex issues, such as where a civil action should be started and questions as to which jurisdiction’s laws should apply. If you are from Ontario and are involved in a car accident in the United States, you may be able to commence an action in Ontario or in the State in which the accident occurred, or both. Your ability to do so will depend upon many factors, includi...

Injured in a Car Accident? Changes to Accident Benefits as of June 1, 2016

Written by on May 25, 2016.

As of June 1, 2016, people injured in motor vehicle accidents in Ontario will face new challenges. These challenges come as a result of the latest round of amendments to the Statutory Accident Benefits Schedule (SABS).  Accident Benefits are benefits available to anyone in Ontario injured in a motor vehicle accident, irrespective of fault. While at first glance these changes seem appealing because they result in a small reduction in premiums, they have the effect of reducing funding availabl...

Understanding How Damages Are Assessed In a Personal Injury Case (updated)

Written by on December 23, 2015.

Introduction One of the first questions people ask when they are considering their legal rights following a motor vehicle accident, slip and fall, or any other kind of injury, is “What is my case worth?” The fact is, it is difficult to assess damages in the early stages of a case. In most circumstances the true cost of an injury is unknown until you have had time to seek medical treatment, receive proper therapy and have had a chance for your body to rehabilitate, mend and get better.  ...

Scarlett v. Belair Insurance Co. : A 2015 Update on the MIG

Written by on December 16, 2015.

In this 2015 appeal[1] by Mr. Scarlett to the Divisional Court, Director Delegate Evans’ decision was partially upheld. First, the Divisional Court clearly found that the injured person has the burden of proving that his or her injuries fall outside of the Minor Injuries Guideline (“MIG”).  Specifically, the Court held that the higher benefit limit is not the default for medical/rehabilitation coverage.  If it is determined that an injured person’s injuries fall within the MIG, he o...

Uber Insurance Issues

Written by on October 27, 2015.

The Uber App now operates in London, providing a new form of taxi service.  It is easy to use, convenient, cheap, and fast.  You request a pick-up on the Uber App, and a driver picks you up in their personal vehicle.  You can track your Uber taxi by GPS and know exactly how far it is from you, and its estimated time of arrival.  However, the service poses a number of potential legal challenges.  One such challenge arises from the wording of the standard Ontario Automobile Policy, the policy...

Automobiles vs Recreational Off-Road Vehicles: Are You Covered by Insurance?

Written by on September 29, 2015.

While riding off-road vehicles such as ATVs, dune buggies, and quads can be lots of fun, they can also lead to serious accidents and injuries.  It is important to know your insurance obligations and to know whether or not you are covered by insurance if an accident occurs while riding an off-road vehicle. What is an automobile? The law makes a distinction between ‘automobiles’ and ‘off-road vehicles’. If your vehicle is considered an automobile, then you are required by law to purchas...

How Will the Recent Changes to Ontario Accident Benefits Affect Your Rehabilitation

Written by on September 24, 2015.

On September 1st, 2015 there were important changes to Ontario’s Statutory Accident Benefits Schedule. These changes significantly lowered the benefits available to Ontarians who are injured in a motor vehicle accident. This article looks at the changes and discusses how they impact accident victims. There are 3 categories of accident benefits available to people injured in a motor vehicle accident in Ontario: Minor Injury Guideline, Non-Catastrophic, and Catastrophic. (1) Minor ...