Automobile Category Archives

Saving Joint and Several Liability

What is Joint and Several Liability? Where more than one party is at fault and causes harm to someone, they are, in law, equally responsible to pay out the total amount of damages owing to the injured person. This happens frequently in car accident cases where an at-fault driver’s insurance policy limits are not adequate to cover the injured victim’s damages. If a municipality is …

Tort Rights Eroded for Victims of Auto Accidents

Drunk, distracted and dangerous drivers – sit back and relax. Why? Because you don’t have to fully pay for your mistakes. The insurance companies that hire lawyers for you and defend you in court have spent millions of our premium dollars lobbying the government of Ontario to take away the rights of the people you injure when you are driving. Because of these efforts, the …

Assessing Credibility in a World of Surveillance

In the course of an auto claim, claimants will often be required to visit a host of treating doctors and assessors over different points in time. Often times, these doctors and assessors will generate notes, records or reports that may be used as evidence later in the case. While it may not seem crucial at the time, what is or isn’t reported to a doctor …

Determination of Fault in Left Hand Turn Collisions

In our practice, we often see cases where both drivers involved in a collision thought they had the right of way. Often, such cases involve a situation where one driver is proceeding straight through an intersection and the other is attempting to make a left turn on a yellow (or amber) light. The driver proceeding straight believes they have the right of way. At the …

Not Your Fault? Navigating Ontario’s Fault Determination Regime

Ontario’s Fault Determination Rules (“the Rules”) outline over 40 common collision scenarios each depicted with simplistic diagrams. Each collision scenario has a corresponding liability percentage assigned to each driver.  These Rules are largely used by your insurance company to determine who is at-fault for an accident. The challenge for drivers and insurance adjusters is determining which templated scenario in the Rules fairly applies to the …

New Laws Passed to Improve Road Safety for Pedestrians

2015 saw 38 pedestrians struck and killed on Toronto streets – the most annual fatalities of this kind in the past five years. The most vulnerable pedestrians – young children and the elderly – account for the majority of these deaths, with over 60% being seniors. According to the Chief Coroner’s Report on Pedestrian Deaths in Ontario, children and seniors are the most vulnerable pedestrians for …