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 …
Continue reading the post titled Excluded benefits – General exclusions under Ontario’s no-fault accident benefits regimeCOVID-19 and limiting liability
In response to growing and prospective litigation arising out of the COVID-19 pandemic, several jurisdictions have considered liability protection legislation1. The Ontario Government is no exception and has recently introduced Bill 218, the Supporting Ontario’s Recovery Act (the “Act” or th…
Continue reading the post titled COVID-19 and limiting liabilityAssessing 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…
Continue reading the post titled Assessing medical malpractice damages—non-pecuniary general damagesAssessing 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 …
Continue reading the post titled Assessing medical malpractice—an introductionCourt 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...
Continue reading the post titled Court finds against insurer who held insured to an “absurd” standardEssential 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…
Continue reading the post titled Essential visitors, essential caregivers, and COVID-19Resuming visits in long-term care homes
On March 13, 2020, visits were restricted in long term care homes and other residential care settings to reduce the spread of COVID-19. The Provincial Government, in two documents entitled “Resuming Visits in Long-Term Care Homes” and “Update to Visits at Long-Term Care Homes” has recently a…
Continue reading the post titled Resuming visits in long-term care homesSome 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?
Continue reading the post titled Some insurers offer stay-at-home drivers relief, but is it fair?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…
Continue reading the post titled Innovating in London: The virtual ER at the Children’s HospitalExamination 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…
Continue reading the post titled Examination for discovery to proceed via video-conference