Personal Injury Category Archives

‘Tis the Season – Winter Road Safety Tips

Winter is known for treacherous weather and subpar driving conditions. The weather and resulting road conditions add an additional element of distraction for drivers, which can lead to dangerous conditions for our cyclists and pedestrians.

The Interaction Between Accident Benefits and the Ontario Disability Support Program (ODSP)

Social Media and Facebook, A Dangerous Mix

The trend in the more recent cases are for more disclosure of personal and private social media accounts. Master Short acknowledges that there is flux in the law right now regarding disclosure of social media pages.

What is Public Nuisance?

Public nuisance is unique and is a separate category in Tort from negligence. When considering public nuisance, the courts begin their inquiries based on the harm suffered and not on the property owner’s conduct. Therefore, the ‘reasonable steps’ to keep a premises safe are not relevant to a claim of a public nuisance.

A Deductible on Pain and Suffering Damages

Recently this Blog focused on one of the cruelest laws – the woeful compensation scheme for the death of a loved one. But the law that may be most frequently used to punish innocent accident victims in Ontario to the benefit of bad drivers and their insurers is the “statutory deductible” for general damages awards.

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.