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Published on: 24 Nov 2020 By

Excluded benefits – General exclusions under Ontario’s no-fault accident benefits regime

In Ontario, an individual injured as a result of a motor vehicle accident can claim from the automobile insurance company for various benefits under the Statutory Accident Benefits Schedule (the “SABS”). The purpose of the SABS is to allow an insured individual access to necessary treatment …

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Published on: 3 Nov 2020 By

Assessing medical malpractice damages—non-pecuniary general damages

This article on non-pecuniary general damages is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ as between individuals. The assess…

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Published on: 22 Oct 2020 By

Assessing medical malpractice—an introduction

For many people, when considering a medical negligence (also known as a medical malpractice) action, the amount of the potential damages (financial compensation) is not the paramount concern. Often persons who have suffered harm at the hands of a health care professional want to ensure that …

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Published on: 17 Sep 2020 By

Court finds against insurer who held insured to an “absurd” standard

Lamb v Cooperators, 2020 ONSC 4955 You’ve been struck by a car. You have pain in part of your body. You’re not yet entirely sure where. Then, yes, okay it’s your arm. Your arm hurts. But where exactly. It’s more your shoulder. How bad is the pain though? You think you might have hit your...

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Published on: 31 Jul 2020 By

Essential visitors, essential caregivers, and COVID-19

During the COVID-19 pandemic, strict guidelines have been put in place regarding visitors at long-term care homes. On June 10, 2020, the Chief Medical Officer of Health (“CMOH”) provided an update to “Directive #3” to include precautions and procedures for homes to follow in relation to mana…

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Published on: 21 May 2020 By

Some insurers offer stay-at-home drivers relief, but is it fair?

Anna Szczurko, personal injury lawyer at Siskinds LLP, comments on the relief measures being offered by some auto insurance companies in response to the pandemic. Read the full article in the London Free Press: Covid-19: Some insurers offer stay-at-home drivers relief, but is it fair?

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Published on: 12 May 2020 By

Innovating in London: The virtual ER at the Children’s Hospital

With the pandemic landscape shifting on a daily basis, we are all weighing our personal comfort in accessing medical support while weighing risks of what is, or is not, essential. Access to treatment, be it physiotherapy, occupational therapy or ongoing counselling is all weighed with the ri…

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Published on: 7 May 2020 By

Examination for discovery to proceed via video-conference

The legal landscape is changing: an examination for discovery has been ordered to proceed by way of video-conferencing in Arconti v. Smith 2020 ONSC 2782. One important procedural step in a legal proceeding, is examinations for discovery. It allows the parties to obtain important facts and e…

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