News & Publications

Other Injuries

Elder Abuse in Senior or Long Term Care Homes

Written by on February 06, 2017.

Elder abuse is a serious and growing problem in Ontario. Every year between 2 and 10 per cent of older adults in North America will experience some type of abuse.[1] Unfortunately, elder abuse often occurs where there is a personal relationship between abuser and the victim and in places where seniors should feel safe, such as long term care homes. What is Elder Abuse? The Long Term Care Homes Act [2] in Ontario outlines a Bill of Rights[3] which sets out the following types of abuse that...

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

Written by and on October 13, 2016.

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 Insurance Company (“Economical”) or from the Motor Vehicle Accident Claims Fund (“the Fund”) and the Superintendent of Financial Services (“the Superintendent”). The plaintiff stated that fo...

Sports Law: Making the Case

Written by on May 27, 2016.

On May 26th, Anna Szurko spoke at the Ontario Trial Lawyers Association Conference, From Ordinary to Epic: Crossing the Critical Gap Between Competence and Mastery. The title of her talk was 'Sports Law: Making the Case'. Click here to read the paper.

Bicycle Accident Compensation: Insurance Coverage for Injured Cyclists

Written by on May 24, 2016.

When sharing a road with cars, cyclists, even when wearing the appropriate safety gear, run a risk of being struck by a vehicle and injured.  Cyclists, like cars, are expected to obey the rules of the road, including signalling, obeying traffic lights, and not riding in pedestrian crosswalks.  However, unlike cars, cyclists are not required to have insurance. Insurance Coverage For Cyclists Being uninsured does not leave an injured cyclist without legal recourse in the event of injury.  ...

Worker or Independent Operator? Factors to consider

Written by on January 22, 2016.

If you are injured while working, determining whether you are legally considered a worker in the course of your employment, or an independent operator, is a critical question that could decide your right to sue for damages. Although a third party could still be sued, the Workplace Safety and Insurance Act, 1997 (“WSIA”) takes away a worker’s right to sue their employer, or other employers, if that worker is in the course of their employment when injured. Independent operators are not co...

Automobiles vs Recreational Off-Road Vehicles: Are You Covered by Insurance?

Written by on September 29, 2015.

While riding off-road vehicles such as ATVs, dune buggies, and quads can be lots of fun, they can also lead to serious accidents and injuries.  It is important to know your insurance obligations and to know whether or not you are covered by insurance if an accident occurs while riding an off-road vehicle. What is an automobile? The law makes a distinction between ‘automobiles’ and ‘off-road vehicles’. If your vehicle is considered an automobile, then you are required by law to purchas...

The Trillium Drug Program: Managing the Cost of Prescription Drugs

Written by on September 12, 2014.

Serious financial issues arise out of serious injuries.  Difficulties with income, money management, cost of care, and cost of medication, go hand in hand with serious injury, and an inability to work.  In many instances Siskinds LLP represents individuals who have been seriously injured in an accident.  They are incapacitated, and need help to access all the benefits available to support them.  The Ontario Trillium Drug Program is one such benefit. Serious financial issues arise out of...

Concussions: No Longer Just “Getting Your Bell Rung”

Written by on April 28, 2014.

A concussion is a traumatic brain injury.  It will most likely occur from a direct or indirect blow to the head, face, jaw, or at the junction of the skull and neck.  Stated otherwise, a concussion is caused by either a direct blow to the head or to another body region resulting in an abrupt acceleration or deceleration of the head and neck.[1] Despite the safeguards that surround it, the skull, the supportive tissue, the membranes, and the fluid, the brain is essentially “floating” wit...

Court of Appeal confirms that civil damages for bodily harm intentionally inflicted cannot be discharged by bankruptcy.

Written by and on December 18, 2013.

Rasha El-Tawil and Michael Polvere argued a successful appeal before the Court of Appeal for Ontario in Dickerson v. 1610396 Ontario Inc. and Radcliffe, 2013 ONCA 653 (MacFarland, Watt and Epstein, JJ.A.), regarding the application of the Bankruptcy and Insolvency Act on damages suffered for personal injuries after an intentional tort.The decision of the Court of Appeal in Dickerson v. 1610396 Ontario Inc. and Radcliffe, 2013 ONCA 653 (MacFarland, Watt and Epstein, JJ.A.) (a complete copy of whi...

Recovering Compensation in Injury Claims Against Bars, Taverns and Social Hosts

Written by on July 06, 2012.

Maciej Pieoksz looks at the issue of personal injuries that are a result of alcohol in bars, tavers and other establishments.  Maciej also gives tips to consumers and hosts on how to protect themselves. You are at a party with friends.  You are drinking casually but are being encouraged to drink more and drink heavily from the alcohol provided by your host.  You are drunk by the time you get to a bar for $1 shots. You manage to stay in the bar for several hours before being ejecte...