Personal Injury Category Archives

The “No Crash, No Cash” Rule on Public Transit Vehicles

Since May 10, 2011, Ontario riders on public transit vehicles who sustain injuries can no longer pursue accident benefits if the public transit vehicle they were riding in “did not collide with another automobile or any other object in the incident” as stipulated by section 268(1.1) of the Insurance Act R.S.O. 1990, c. I.8.

Rowan’s Law: Precedent Setting for Concussion Awareness

September 25th was Rowan’s Law Day, a day dedicated to concussion awareness. This follows the enactment of Rowan’s Law, an instrumental law created to protect youth and those involved in amateur sports from concussions and head injuries.

The Perils of Long-Term Disability Insurance – Know Your Coverage

Long-term disability insurance provides security. When disability strikes, and you cannot continue working, disability benefits can help ensure mortgage payments are made and food gets on the table. But every policy is different and can be fraught with land mines and unfortunate surprises.

What is a Functional Capacity Evaluation?

If you have been injured in a car accident and your accident benefits (auto) insurer has been paying you an Income Replacement Benefit (“IRB”) because you cannot work, the insurer may, from time to time, assess your entitlement to continued IRBs. This includes sending you to one or more assessments conducted by a health professional. One of the assessments that insurers like to do is called a Functional Capacity Evaluation (“FCE”).

When it comes to motorcyclists, it’s a David v. Goliath world out there

When it comes to professional fighting, fighters in the ring are separated by weight class, which only seems fair. Yet, when it comes to Ontario’s roads, there’s no such separation between vehicles. Unfortunately, for motorcyclists in particular, this poses inherent risk when sharing road space with other vehicles ranging from cars to 18-wheelers.

Contingency Fee Arrangements

In Ontario, access to justice is an important issue that the Law Society of Ontario (LSO) and the Ontario Trial Lawyers Association (OTLA) take very seriously. In order to ensure access to justice for all, the LSO allows lawyers in this province to take on risky cases without being paid at the start. These arrangements are commonly called ‘contingency fees’, ‘no win no fees’ or ‘speculative fees’. They are one type of retainer between a lawyer and client.