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Published on: 14 Jan 2016 By

Considerations on a Summary Judgment Motion When an Injury Claim is Brought After the Expiry of the Limitation Period: A Case Comment on Farhat v. Monteanu

In this case[1], the injured plaintiff started his case 32 days after the expiry of the 2-year limitation period. A summary judgment motion was brought to address the limitation defence. The plaintiff was injured in a collision on May 18, 2006. He attended with his family doctor 8 days later…

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Published on: 16 Dec 2015 By

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

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”). S…

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Published on: 21 Jul 2015 By

New Decision from FSCO Addresses the Minor Injuries Guideline

On July 7, 2015, the Financial Services Commission of Ontario released a decision in Arruda v. Western Assurance,1 providing some additional analysis of the Minor Injuries Guideline (“MIG”). The Applicant Ms. Arruda sustained soft tissue and psychological injuries in a motor vehicle accident…

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Published on: 3 Apr 2013 By

First Decision on the Minor Injuries Guideline released by the Financial Services Commission of Ontario

Siskinds Partner Emily Foreman assesses and explains the first arbitration decision relating to the new  Minor Injuries Guideline that has been released by the Financial Services Commission of Ontario.   Emily explains what the MIG is, how it classifies injured persons and the benefits they …

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Published on: 18 Jun 2012 By

Recovering Compensation for Attendant Care After a Motor Vehicle Collision

Individuals who are injured in a motor vehicle accident may have the right to receive funding for attendant care services required as a result of their injuries. Attendant care services include assistance provided for things such as personal care (grooming, dressing, bathing, toileting, pers…

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Published on: 29 May 2012 By

10 Tips for Individuals Injured in a Motor Vehicle Collision

A motor vehicle collision is a frightening and confusing time for those involved. Siskinds Personal Injury Partner Emily Foreman knows just how crucial the gathering of information can be when an accident has occurred, and has provided these 10 tips for anyone involved in an unfortunate acci…

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Published on: 1 May 2012 By

Are Family Members Entitled to Damages in a Personal Injury Lawsuit?

When asked, “are family members entitled to damages in a personal injury lawsuit?” the answer is generally, yes. Family members can be burdened with extraordinary challenges when a loved one is seriously injured or killed. The law in Ontario recognizes this, and grants certain rights to fami…

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