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Published on: 16 Dec 2016 By

Examinations Under Oath under the SABS: When Must I Attend?

The Ontario Superior Court of Justice recently released a decision[1] which held that accident benefits insurers must provide reasons when requesting an examination under oath, pursuant to s. 33(2) of the Statutory Accident Benefits Schedule (“SABS”). During an examination under oath, an ins…

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Published on: 13 Oct 2016 By

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

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 In…

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Published on: 7 Oct 2016 By

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

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 …

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Published on: 3 Oct 2016 By

Discoverability in Long-Term Disability Lawsuits: A Case Comment on Usanovic v. La Capitale Life Insurance Company

The recent Ontario Superior Court of Justice decision in Usanovic v. La Capitale Life Insurance Company clarifies the issue of discoverability in long-term disability claims. In this case, the plaintiff was injured in September 2007. The disability insurer paid benefits for a number of years…

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Published on: 27 Sep 2016 By

Video Game Data Could Provide Useful Health Information In A Lawsuit

In personal injury lawsuits, the injured party is usually required to produce documents relating to their health. Medical records from a doctor or medical practitioner are the most obvious of these, but it is becoming more common to include electronic data. Electronic data about your health …

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