Who pays for treatment following a motor vehicle accident?
When clients first consult us following a motor vehicle accident, many ask how they will be able to afford the treatment they need to recover. Some forms of treatment, such as visits with your family doctor, are funded by OHIP. However, services provided by most healthcare professionals, inc…Continue reading the post titled Who pays for treatment following a motor vehicle accident?
What is an insurer’s examination and must I attend?
In the province of Ontario, individuals injured as a result of a motor vehicle accident can claim no fault benefits through their accident benefits carrier. Available benefits include income replacement benefits and medical and rehabilitation benefits. After an individual has applied for and…Continue reading the post titled What is an insurer’s examination and must I attend?
Civil jury trials during the pandemic
The COVID-19 pandemic has ushered in an era of uncertainty for litigants in several respects, not the least of which has included interruption to regular Court operations and uncertainty with respect to whether and when civil jury trials can be conducted. The most recent indicator of this un…Continue reading the post titled Civil jury trials during the pandemic
Chronic pain and the Minor Injury Guideline
Statutory Accident Benefits are available for those injured as a result of the use or operation of a motor vehicle. They are available regardless of fault. There are three tiers of benefits available: The Minor Injury Guideline (the “MIG”), which allows for up to $3,500.00 of Medical and Reh…Continue reading the post titled Chronic pain and the Minor Injury Guideline
Disputing the Minor Injury Guideline as a standalone issue
The Minor Injury Guideline (the “MIG”) establishes a framework for the treatment of alleged minor injuries in a statutory accident benefits claim. Available medical and rehabilitation benefits for predominantly minor injuries is limited to $3,500.00. However, in certain situations, an accide…Continue reading the post titled Disputing the Minor Injury Guideline as a standalone issue
What is the effect of signing a waiver?
Many of us have had the experience of being presented with a waiver to sign before participating in a recreational activity. What is the effect of signing such a document? This issue was again recently considered in the case of Zaky v 2285771 Ontario Inc. cob Sky Zone Indoor Trampoline Park[…Continue reading the post titled What is the effect of signing a waiver?
Justice won’t wait – Ontario Court of Appeal finds against plaintiff who waited four years to bring a lawsuit
If you have been injured because of the actions of another, don’t sit and wait to see how things turn out. Our law limits the time you have to start a law suit. The Ontario Court of Appeal in Baig v. Mississauga, 2020 ONCA 697 recently reinforced what is now a well-established principle of l…Continue reading the post titled Justice won’t wait – Ontario Court of Appeal finds against plaintiff who waited four years to bring a lawsuit
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 regime
COVID-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 liability
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...Continue reading the post titled Court finds against insurer who held insured to an “absurd” standard