The inevitable accident defence can be applied not only in cases of black ice or potholes, but also where accidents are attributed to a medical condition, sudden mechanical failure, or an animal darting onto the roadway.
Holiday Safety Part Two: Occupier’s Liability
Last week on the OTLA blog, we posted about how to keep your home safe for holiday visitors. This week, we’ll take a more in-depth look not only at the obligations that apply to homeowners, but also those which extend to commercial property owners. The obligations of a property owner are outlined in the Occupiers Liability Act (“the Act”). An “occupier” is defined as “a person in physical …
Did you know you can be held responsible for an accident without even being in the car?
Many people in Ontario are unaware that they can be held liable for an accident even if they were not in the vehicle at the time. As the owner of a motor vehicle in Ontario, you may be liable for the negligent actions of another person who is in possession of and operates your vehicle. This is called vicarious liability. Section 192 (2) of the …
Disproportionate amounts spent on Independent Medical Examinations drive claim costs
This month, the Insurance Bureau of Canada (IBC) released the Ontario Health Claims Database (HCDB) Standard Report. The Report analyzes data collected through the Health Claims for Auto Insurance (HCAI) system. Since February 2011, HCAI has been the mandatory system that Ontario health care facilities are required to use when submitting auto insurance claim forms to insurance companies. The insurers respond to the claims through …
Head injuries in professional sports raise awareness for concussions and traumatic brain injuries
Earlier this month, we saw Germany take home the 2014 World Cup with a beautiful goal by Mario Gotze. However, during the same game, Christoph Kramer’s head first collision with Argentina’s Ezequiel Garay arguably received just as much attention. The replay shows Kramer’s head violently strike the shoulder of Garay and whip backwards causing him to collapse on the field. After the hit, Kramer continued …
Next steps in auto insurance: What action will our MPPs take to increase access to justice for accident victims?
Tomorrow is Election Day in Ontario and many of us will be off to the polls to cast our votes. On June 3, 2014, we saw the election debate between the three major party leaders. While a number of issues were addressed, including scandal, the deficit, and job creation, auto insurance reform was not one of them. It is unfortunate that the topic did not …